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BCC Minutes 08/16/1994 RNaples, Florida, August 16, 1994 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Timothy J. Constantine VICE-CHAIRMAN: Betrye J. Matthews 3ohn C. Norris Michael 3. Volpe Burr L. Saunders ALSO PRESENT: Sue Barbiretti, Marilyn Fernley and Ellie Hoffman, Deputy Clerks; Neil Dotrill, County Manager; John Yonkosky, Assistant to the County Manager; Ken Cuyler, County Attorney; Bill Lorenz, Environmental Services Administrator; Tom Olliff, Public Services Administrator; Mike Smykowski, Acting Budget Director; Jean Gansel, Budget Analyst; Leo Ochs, Administrative Services Administrator; Wayne Arnold, Acting Site Plan Review Director; Bob Mulhere, Acting Current Planning Manager; Mike McNees, Acting Utilities Administrator; Steve Camell; Purchasing Director; Christopher Nind, Sheriff Communications; Jerry Neal, Engineering Project Manager; Dan Pucher, Fleet Management Director; Fred Bloetscher, Assistant Utilities Administrator; Sandra Taylor, Real Property Director; Bill Lavetry, Housing & Urban Improvement Planner; Ron Nino, Planner; Deputy Rosa Hernandez-White, Collier County Sheriff's Office; and Sue Fllson, Administrative Assistant to the Board. Page 1 Tape #1 Item #2 AGENDA - APPROVED WITH CHANGES August 16, 1994 Commissioner Norris moved, seconded by Commissioner Volpe and carried unanimously, to approve the agenda with the changes as detailed on the Agenda Change Sheet, and the following additional iteM: 1. 2. Item #10D - Continued to the meeting of 9/13/94 Item #14C - Discussion re the purchase of the Glades property - Added Page 2 August 16, 1994 (135) Item #2A CONSENT AGENDA - APPROVED AND/OR ADOPTED The motion for approval of the consent agenda is noted under Item #16. (155) Item #3 MINUTES OF THE REGULAR MEETING OF JULY 19, 1994 - APPROVED Commissioner Matthews moved, seconded by Commissioner Volpe and cartled unanimously, to approve the minutes of the Regular Meeting of July 19, 1994. (165) Item #4A EMPLOYEE SERVICE AWARDS - PRESENTED Commissioner Norris congratulated the following employees for service with Collier County Government: Diane Smith - 5 Years, Public Services Division Arlene Lukosky - 5 Years, Courts & Related Paulette Wilson - 5 Years, Public Affairs Item #5 BUDGET AMENDMENTS 94-582, 94-583, 94-584 AND 94-590 - Presented Presented Presented ADOPTED Acting Budget Director Mike Smykowskt requested adoption of four routine Budget Amendments as listed in the Executive Summary. Commissioner Matthews moved, seconded by Commissioner Volpe and carried unanimously, that Budget Amendments 94-582, 94-583, 94-584 and 94-590 be adopted. (420) Item #6C RESOLUTION 94-602 RE AUTHORIZATION FOR THE FLORIDA DEPARTMENT OF REVENUE TO WIRE STATE REVENUES TO THE COUNTY'S BANK INSTEAD OF REMITTING THE FUNDS BY STATE WARRANT Commissioner Norris moved, seconded by Commissioner Matthews and carried unanimously, that the Florida Department of Revenue ware state Page 3 August 16, 1994 revenues to the County's Bank instead of remitting the funds by State Warrant, thereby adopting Resolution 94-602. August 16, 1994 (233) Item RESOLUTION 94-603 RE LYNN NICHOLS OCCUPYING A MOTOR HOME FOR TEMPORARY LIVING QUARTERS - ADOPTED Mr. Lynn Nichols explained that he has a family of seven and his home was completely destroyed by fire on August 1, 1994. He said that reconstruction will begin immediately. He requested an exception for a maximum of 120 days to live in a motor home. He explained that there are vehicles on the premises and he is unable to locate any ren- tals that would enable his children to remain in the same school district. In response to Commissioner Volpe, Mr. Mulhere, Acting Current Planning Director, replied that a temporary use permit would be issued. In answer to Commissioner Volpe, Mr. Nichols stated that the well and septic system are intact and electricity will be supplied by an emergency generator. In response to Commissioner Constantine, County Attorney Cuyler stated that if the request is granted, it should not set a precedent. He advised that the record must clearly state why the action is taken. Commissioner Saunders remarked that the only way the Board would approve action such as this again would be in a similar situation. Coutsstoner Saunders moved, that under the unique circumstances of this particular case where the house has burned down, and reconstruction will begin shortly, and there is a time limit for the permit of 120 days, the Board should approve the 120 day permit for the use of a motor home on the site. Commissioner Saunders cautioned Mr. Nichols that If the reconstruction is not completed before the 120 days he will have to reappear before the Board and request an extension. Commissioner Matthews stated that although she does not have a problem with the intent of the motion, she expressed concern regarding the possiotlity of opening a flood gate for similar claims. Page 5 August 16, 1994 County Attorney Cuyler stated that the argument can always be raised, however and the situation can be differentiated. He said that he can prepare a resolution that will describe this particular situation and distinguish it on the facts presented. Commissioner Matthews stated that the County Attorney should pre- pare a resolution stating the specific parameters and causes in this situation such as the children going to a specific school district. Commissioner Saunders stated that the intent of his motion is to include the entire record that has been presented. He also directed the County Attorney to prepare a resolution including all the evidence presented. Commissioner Matthews seconded the motion on the floor. Upon call for the question, the motion carried 5/0, thereby adopting Resolution 94-603. Page 6 August 16, 1994 (434) Ires #TB FAY R. BILES REPRESENTING THE MARCO ISLAND TAXPAYERS' ASSOCIATION RE TAX CODE 19, MSTD I - STREET RESURFACING - STAFF TO DEVELOP INFORMATION AND RETURN WITH AN AGENDA ITEM ON SEPTEMBER 13, 1994 Ms. Fay Bl/es, President of the Marco Island Taxpayers' Association, stated that she is representing all the taxpayers and citizens on Marco Island. She said that she is requesting a separate MSTD 1 for Marco Island. She presented a letter from Harold Van of the Marco Island Vision Planning Committee that the Master Planning Committee approved. She noted that the Master Planning Policy Commission is made up of all the organizations and associations on Marco Island. She remarked on the large area comprised in MSTD 1. Ms. Btles stated that the citizens of Marco Island see less than two miles of roads paved on Marco Island. She said that the roads on Marco Island are 35 years old and showing sign of neglect. Ms. Bfles stated that this fiscal year the Board of County Commissioners doubled the tax in order to restore streets in East Naples after sewer installations were made. She said that the citi- zens of Marco Island pay to 13 different ad-valorem taxing authori- ties. She said that the revenue is entirely from ad-valorem taxes. She stated that unlike the image some people hold of Marco Islanders, the citizens are not wealthy. Ms. Btles stated that this petition requests a modification of MSTD 1 to confine revenue and expenditures to only Marco Island repaying. She said other Marco Island roadwork should be funded out of Road and Bridge funds as it is elsewhere. County Manager Dorrill said that he and Transportation Services Administrator Archibald do not disagree with anything that Ms. Btles has stated. He agreed that Marco Island has been shorted tn the last two years but that was the result of a different policy decision made to lower the cost of sewer installation in East and South Naples. He explained the MSTD was used to resurface the roads but did not include road rebuilding in the sewer assessment in an effort to lower the cost August 16, 1994 of sewer installation. Mr. Dorrill stated that each Commissioner has their own road resurfacing district. He remarked that the request would fragment these communities by allowing the more effluent communities to go there own way and permitting the less effluent neighborhoods to raise their ad-valorem taxes in order to resurface their roads. He said that is why the road resurfacing districts are as large as they are. He said that if Marco Island wants to see accelerated road paving at the district level there is nothing to prevent them from having their own district. He stated that Staff recommends that the present district paving system remain in tact because it requires a com- bination of assessed values in order for the system to work. Transportation Services Administrator Archibald stated that he does not concur that the roads on Marco Island have been neglected. He said that almost all the money over a period of time for paving has been put onto Marco Island. He said that the resurfacing that resulted in past sewer projects on Marco Island have been funded by MSTD 1. He said there have been years when the majority of funds were spent on Marco Island and other periods of time when funds were expended in other areas of the MSTD. He stated that in 1993 the millage was between 14.7 and 15 mils on the island for ad-valorem and of that 3/100th of a mil was being allocated to this program. He said that amounts to approximately $3.00 a year for a $100,000.00 home. He stated that the MSTD is at a very low rate. He said that due to the decline in gasoline tax not only is road resurfacing costs included in the MSTD but also costs for materials for drainage improvements, shoulder repairs, and surface repair work. Commissioner Norris stated that since this ]s a public petition he suggests that Staff be directed to develop information and present it as a regular agenda item. Commissioner Constantine agreed. Commissioner Saunders stated that this is a tax equity issue. He stated that most of the tourist taxes and gasoline taxes are being Page 8 August 16, 1994 generated from Marco Island and very little benefit is going back. He stated that he agrees that this item should be researched and pre- sented as an agenda item, Commissioner Matthews pointed out that people that live on Marco Island have vehicles and use roads throughout the County. She said that the equity issue exists throughout the County to help all of the roads that are used by everyone. Commissioner Volpe stated that he supports bringing back the information. He said that the information must go beyond this MSTD 1. He remarked that it should be looked at County wide. In response to Commissioner Constantine, Transportation Services Administrator Archibald replied that he will try to have the infor- mation by September 13, 1994. County Manager Dotrill agreed to present a comprehensive analysis. In response to Commissioner Matthews, Mr. Dorrill confirmed that the assessed value of the Marco Island Independent Fire District is $2,450,000,000.00. He said that 1 mil would raise $2.45 million dollars annually. He stated that the assessed value of MSTD 1 is $3,317,000.00. He remarked that Marco Island is approximately two thirds of the assessed value of a large road resurfacing district. Commissioner Volpe pointed out that we are already into the new budget year. He said that whatever change is made will not become operative until the next fiscal year. Mr. Dotrill stated that the earliest that Marco Island could have their own district is January 1, 1995. (1185) Item #7C ROBERT G. HIR~S - WATER SERVICE AT 60 FOUNTAIN CIRCLE - STAFF TO DEVELOP INFORMATION AND RETURN WITH AGENDA ITEM ON SEPTEMBER 13, 1994 Robert Hines stated that this item resulted in a water service problem to a residence in the Vineyards which he represents and is the present occupant of this particular unit. He explained that the pre- sent occupant (Mr. McDonnell) received a bill for water service that Page 9 August 16, 1994 had been provided to the unit to a prior tenant and the owner of the unit who now resides in Europe. He said that Mr. McDonnell is willing to pay the bill but questions whether the County could assign a statu- tory lien to him. He said that the County Attorney's office advised that there is no precedent for this action. Mr. Hines explained that he researched the issue and found that Counties and Municipalities do have the authority to assign these types of liens provided that there is enabling legislation to support the assignment. Commissioner Saunders stated that if the assignment is found inva- lid, the County will have no exposure. County Attorney Cuyler said that the concern is statutory authority. He said that since this is a public petition, he suggests that the item be continued to allow Staff to do in depth research. Mr. Hines stated that the funds to pay the lien are in an escrow account. He said that action on this issue would give the Utilities Department an additional remedy in these cases. Commissioner Volpe agreed that action would assist the Utilities Department. He said that he does not agree that if the lien is paid that the County can assign it to anyone. In response to Commissioner Constantine, County Attorney Cuyler stated that he would be able to research the Jssue and return with a presentation on September 13, 1994. Mr. Hines asked if service to the unit will be continued? Mike McNees, Acting Utilities Administrator, confirmed that ser- vice to the unit will be continued. He said that the Utilities Department encourages any leverage the current owner can get to collect from the previous owner. (1492) Item #TD LOUISE TIFI~Y RE A PUMP STATION EASEMENT - STAFF TO DEVELOP INFOR/(ATION AND RETURN WITH AGENDA ITEM IN OCTOBER Alex Tt2fy stated that he is seeking equitable relief for the economic loss that was sustained by the County installation of a pump Page 10 August 16, 1994 station on their lot. He said that in 1988 he and Mrs. Tiffy were approached by the Utilities Division requesting an easement. He said they were reluctant to grant the easement but were told that they would be forced one way or the other. He explained that in order to induce the granting of the easement they were provided two photographs depicting the similar installations. He said that by relying on that information they granted the easement. He stated that the installa- tion resulted in an unsightly antenna and concrete driveway extending from the property line to the drive. He revealed that in exchange for the easement the District abandoned the special assessment of $4,500.00. He said that instead of increasing the value of the pro- perty, the installation of the pump station rendered the property valueless. He stated that recognizing this the Property Appraiser reduced the assessment from $11,000.00 to $5,000.00. He said that they have been attempting to sell the property for three years but have received no offers. He said that as a result of the installation of the pump station he has received an economic loss between $14,000.OO and $17,000.00. He requested relief. In response to Commissioner Constantine, Mr. Tiffy replied that the amount of $14,000/$17,000 was derived from comparable sales in the area. In response to Commissioner Volpe, Mr. McNees stated that the Utilities Division has no need for the balance of the property. In response to Commissioner Constantine, County Attorney Cuyler suggested that this issue be continued in order to develop more infor- mation and research alternatives. He said that the Utilities Division as well as his Office will research the issue. County Manager Dorrjl] stated that Jf the petitioner has infor- mation on comparable sales he would like the Real Property Department to review Commissioner Matthews suggested that the Property Appraiser's Office alsn be involved to determine if there were alternatives to increase the assessment. Page 11 August 16, 1994 County Attorney Cuyler requested as much time as possible to investigate the information. Commissioner Constantine announced that the Utilities Staff, the County Attorney's staff, the Property Apprafser's Staff and Real Property department will work together with the petitioner to prepare an agenda item to be heard in October, 1994. (1833) Item KIMBERLY MAYDEN, MUSCULAR DYSTROPHY FOUNDATION RE THE LABOR DAY WEEKEND BOOT DRIVE - APPROVE SAME EXEMPTION AS LAST YEAR Debbie Rockwell, District Director of the local Muscular Dystrophy Foundation (MDA), requested a special exemption for their annual Labor Day Weekend Boot Drive until the new ordinances and Land Development Code (LDC) is ready. She noted that the firefighters of Collier County have been conducting boot drives for approximately 20 years. She said that 1994 will mark the firefighters 40th anniversary working for MDA. She said that last year in Collier County, the firefighters raised approximately $10,000.00. She said that money allows MDA to provide services to the Collier County patients free of charge. She provided examples of what $10,000.00 can provide. She said that without the help of the firefighters, MDA would find it very difficult to provide these services. She requested that the Board grant the special exemptions for boot drives and that an ordinance similar to that in Lee County be developed for Collier County. Assistant County Attorney Manaltch stated that Staff is involved in the LDC amendment process at this time. He said two alternative proposals will be included; a total prohibition on different types of solicitation in road rights-of-way or a permit oriented, limited exemption. He said that he believes that the Board has the authority to grant a limited exemption. Commissioner Saunders moved, seconded by Commissioner Matthews and carried unanimously, to approve the same Exemption as last year for this specific organization and specific purpose. Page 12 August 16, 1994 (2065) Item #8Al RECORDING THE FINAL PLAT OF "HERITAGE UNIT TWO" - APPROVED Commissioner Nortie moved, seconded by Commissioner 8munders and carried unanimously, to approve the recording of the final plat of "Heritage Unit Two". Page 13 August 16, 1994 (2078) Item #8A2 R~CORDING OF TH~ FINAL PLAT OF "SOUTH SHORE VILLAS AT WEST CROWN POINTS" - APPROVI~D Commissioner Matthews moved, seconded by Commissioner Saunders and carried unanimously, to approve the recording of the final plat of "South Shore Villas at West Crown Points". Page 14 August 16, 1994 (2083) Item #882 REPORT AND RECOMMENDATION ON ALTERNATIVE ROAD ALIGNMENTS FOR SANTA BARBARA BOULEVARD BETWEEN DAVIS BOULEVARD AND RATTLESNAKE HAMMOCK ROAD - STAFF DIRECTED TO PROCEED WITH TRAFFIC ANALYSIS & DELETE ALIGNMENT NOS. I AND 2 Transportation Services Administrator Archibald stated that the Executive Summary includes possible alignments for Santa Barbara Boulevard. He said that Staff has outlined four specific alignments that were looked at from an environmental standpoint and right-of-way standpoint. He stated that a cost estimate has been provided. He said that he is requesting the Board authorize Staff to proceed with the alignment study so that they can associate the cost of alignment with the traffic benefit that would be derived. He pointed out that this project is not included in the five year plan. He said recognizing that fact, the only Staff concern is to determine that alignment so that rights-of-ways may be reserved for future road improvements. Commissioner Norris remarked that the Executive Summary states that Santa Barbara Boulevard is part of a major north/south road corridor. He said that Alignments 1 and 2 come to an end at Rattlesnake Hammock Road. He said that if the intention is to make it part of a north/south roadway it would need to be connected with some other north/south road such as C.R. 951. He said that is what Alignment 3 or 4 will do assuming that Lely Resort would be able to connect to Mr. Archibald explained that the north/south alignment as it currently exists in the Growth Management Plan does serve an existing population that is approaching build out. He said Alignment 3 would serve a larger area including Lely Resort and align with a major north/south roadway that is part of the Lely Resort project. In response to Commissioner Norris, Mr. Archibald confirmed that the wetland situation is a problem that will be encountered in all the proposed alignments. Page 15 August 16, 1994 In response to Commissioner Norris, Mr. Archibald replied that rather than proceed with the permitting process in the near future, he would prefer to proceed with a Preliminary Design & Engineering {PDaE} Study. He said that this would show environmental permitting agencies that Staff has considered other alignments and identified the environmental impacts on all. He said that Staff needs to review the needs that will be served by the alignments. Commissioner Norris pointed out that the large triangular section depicted in the Executive Summary is completely residential inter- nally. He said that the only commercial parcel at all is along the peripheral with one exception, a small shopping plaza called Riviera Plaza. He said that he does not believe it is in the citizens best interest to place a major highway through a residential neighborhood unless it can be done while addressing residential concerns. He said that alignments 1 and 2 do not accomplish that but 3 and 4 do. Commissioner Constantine stated that he concurs with Commissioner Norris. He commented that alignment 1 is inappropriate if you drive on St. Andrews Boulevard with any regularity. He suggested deleting alignment 1. He said that alignments 2 and 3 make more sense, espe- cially 3. He stated that this is an opportunity to plan far ahead and put the residents of Lely at ease. In response to Commissioner Matthews, Mr. Archibald replied that the dotted lines represent future, multi-lane, divided roadways within the Lely Resort project. Commissioner Volpe stated that he concurs with the discussion so far. Co~miseioner Norris moved to direct Staff to proceed with the traffic analysis and to eliminate Alignments 1 and 2. In response to Commiss/oner Saunders, Mr. Archibald stated that alignment 2 ties into Polly Avenue to the east. He said that it would present an environmental problem. He said that he is comfortable with alignments 3 and 4. Comimsioner maunders seconded the motion. Upon call for the question, the motion carried unanimously. August 16, 1994 (2870) Item #8C1 DISCUSSION RE FUTURE DIRECTION FOR THE EVERGLADES CITY LAUNDRY BUILDING SATELLITE MUSEUM PROJECT - COMMITMENT TO PROCEED IN PRESERVATION MANNER & PURSUE GRANT FUNDING Public Services Administrator Olliff stated that Staff had been directed to provide information on a small, satellite museum project in Everglades City that is a small laundry building which was donated and accepted by the Board of County Commissioners in 1992. Mr. Olliff reported that there is approximately $48,000.00 in the budget today and there are two ways to spend this $48,000.00 on the project. He said that the first option for the Board is to put some of the funds to immediate repair work. He said that everyone who has worked on the project to this point agrees that the foundation is the most important item to be repaired. He stated that the second option would be to take the funds and levy it against some of the historical State grant money. Commissioner Matthews stated that she requested that this item be placed on the agenda because the Friends of the Museum had not been able to speak during the budget hearings. She said they wanted to propose a short plan to use the current year's budget to make the building grant ready. She stated that she spoke with U. S. Representative Goss' office this morning. She said that they will lend their full support in the grant process. In response to Commissioner Volpe, Mr. Olliff stated that the only down side is that the County has a very limited budget. He said that historic grants involve a specific process and no one on Staff has the experience to pursue a State grant. He said that he believes that Collier County has a good chance in obtaining grant monies since the County has not made application in the past. He said that he feels this a good project and one that the State would support. In response to Commissioner Constantine, Mr. Olliff stated that the associated operating costs are estimated to be $25,000.00 annually. Page 17 August 16, 1994 In answer to Commissioner Constantine, Mr. Ollfff replied that there is a certain amount of prestige involved in being included in the national historical registrar. He said that the community believes that there is a certain amount of economic impact to the area by having a building on the national registrar. County Manager Dorrill stated that the original concept for this project was to repair the building. He said that this item is now a request to restore the building and apply for national historic registrar status. Tape #2 In response to Commissioner Volpe, County Manager Dorrlll con- firmed that the Rosemary Cemetery has been designated as a historical site in conjunction with the historical preservation plan but is not included on the national registry. Arthur Lee of the Historic Preservation Board confirmed that the Palm Cottage, Keewaydin Club and the Depot at Naples are listed in the national registry. He said that the national registry designation is a complicated process but it is within the scope of a dedicated group of individuals. Chalmers Yielding stated that he has been working on the project with the Friends of the Museum in Everglades City. He said that he has done an overall evaluation of the building, documenting how it was built and made a series of recommendations on each of the parts of the building. He said that the next phase was to remove existing material to determine the exact condition of the building. He stated that along with that some budgeting was done. He reported that the Friends of the Museum had approximately $4,000/5,000 worth of selected demoli- tion work completed. He stated that any documented volunteer labor can apply as matching funds in the State's historic preservation grants. Mr. Yielding declared that this is a significant building in the history of Everglades City and the County. He said that it is a remarkable structure that, with a couple of exceptions, Is In extre- Page 18 August 16, 1994 mely good condition. He said that the foundation damage is due to an oversight in the original construction and the environmental con- ditions at the site. Mr. Yielding suggested that the County take local funds, look at the project as a multi-phase project and levy those funds into other grant funds. He stated that this project would consist of approximately three phases of work; the initial planning stage, and dividing the actual construction into two or three phases. He stated that generally the exterior work or stabilization is first, then the interior and exterior restoration. In response to Commissioner Volpe, Mr. Yielding explained that he is an architect that specializes in historic restoration. He said that he is the historic consultant in this case. Mr. Yielding suggested that architectural and engineering services be completed to the construction document stage. He said that at that point the County could approach the State with an investment in the project. He also suggested that the County expend the funds to reno- vate the foundation. He said that doing the work now will prevent more money from being spent next year because it would ultimately deteriorate more. In response to Commissioner Matthews, Mr. Yielding stated that the entire project would cost approximately $40,000.00. He explained that any expenditures on this project in the last five years could be matching funds. He said that the County would need to prove a $50,000.00 minimum expenditure, which can be levied into a $150,000/$250,000 grant fund. In response to Commissioner Volpe, County Manager Dorrill replied that the tentative budget does not include any funds for a Grant Writer position. He reported that the School Board has appropriated funds for a Grant Writer position. He suggested that the County could possibly share that resource. Pauline Reeves, Chairman of the Friends of the Museum, stated that they will continue to work and expend whatever funds they have August 16, 1994 available to apply for grants. In response to Commissioner Matthews, Mr. Olliff stated that the County has spent a few thousand dollars in the past five years for repair work. Commissioner Matthews remarked that the funds expended for repair work plus the funds that were documented for manual labor in the demo- lition work and the $48,000.00 that has been budgeted is the $50,000.00 that Mr. Yielding advises the County to have to levy grant money. Mr. Lee commented that with the influx of new residents, one way to accomplish drawing these people into a civic body is to provide a sense of history. In response to County Manager Dotrill, Mr. Yielding replied that there are several grant programs and cycles. He explained that there are three that this project would fall into. He said that the cycle for one of the smaller programs is the end of this month and another at the end of the year. He said that the end of the Category Grant cycle, which is the large fund, is the end of April. He said one of the three are legislative cycles which require approval of the legislature. He stated that the two smaller programs do not. In response to Commissioner Constantine, Mr. Yielding stated that in taking into account the funds that have been expended, the County should exceed the $50,000.00 that is necessary to levy funds from the special category grant funds. He advised that this is not a matching grant. He said that they require a minimum of $50,000.00 investment or a match. In answer to Commissioner Volpe, County Attorney Cuyler stated that before the County can proceed with engaging a consultant, he would have to discuss the matter with Public Services Administrator Olliff. Commissioner Matthews asked if any bids have been received on the foundation piers? Mr. Olliff stated that Staff may have quoted the work using todays Page 20 August 16, 1994 Code and the amount is approximately $30,000.00. Mr. Yielding advised that to meet the requirements of the national historic registry, the County would have to follow the Secretary of the Interior guidelines for renovation if any grant funds are to be used. Coxatesloner Matthews moved, to direct Staff to secure bide to get the pier work done to raise the building, get it leveled and secure the foundation which will total approximately $30,000.00. She said that the reutnlng portion could be put toward the design work so that the County could apply for Preliminary Deslgn and Engineering funds and take all the funds and levy them into getting a larger grant. County Manager Dorrtll stated that Staff would do a small engi- neering type contract to design a bid for foundation work only. He said that the balance of the remaining fund would be applied toward seeking a State grant. He advised that the normal RFP process would be adhered to. Mr. Yielding suggested that the proper plans and documentation be done before any construction is done. He said that incorrect construction could eliminate the chances of any grant funding. In response to Commissioner Volpe, Mr. Yielding replied that the structural integrity of the building will not be at risk in the next six months. Commissioner Matthews moved to have the Board of County Commissioners commit to moving forward on whatever process is needed to continue to keep this building secure, to have the pier work done and have it done in a preservation manner so that grant funds can be secured in the future to complete the entire process. county Manager Dotrill stated that the remaining carry forward will go into October and Staff will use that money to pursue the motion. Commissioner Norris seconded the motion. Commissioner Volpe requested clarification on the motion. He said that he thought the Board was going to direct Staff to develop the necessary RFP in order to proceed with a planning process for phasing. Page 21 August 16, 1994 County Manager Dotrill stated that Staff will proceed in order to be prepared to apply for the second grant cycle which will occur at the end of the year. Mr. Olliff pointed out that the County has $48,000.00. He stated that Mr. Yielding has advised that in order to make application for grants the County must have full construction drawings in hand. He said that Mr. Yielding has stated that the cost of the drawings is estimated to be $40,000.00. He emphasized that in order to do the foundation work and make grant application the cost would be approxi- mately $70,000.00. County Manager Dotrill stated that he thought that the first cycle is to proceed specifically with planning and engineering before approaching the preservation cycle. Mr. Yielding confirmed that the planning and engineering is integral with preservation. He said that an architect/engineer that is experienced in preservation must be hired so that the Secretary of the Interior guidelines will be adhered to. He said that the more architectural/engineering services that are completed leaves the County in a better position to receive grant money. He said if the County is in the process or has completed a national register listing the more the County would be qualified. He advised that it is impor- tant to show that the County understands the type of project and has professionals involved. He said that complete construction documents are not necessary for all the work in order to qualify for grant funds. Commissioner Constantine asked if the $48,500.00 plus the labor and repairs add up to an amount that can be levied for State funding? Mr. Yielding answered in the affirmative. Commissioner Matthews stated that if the County uses $30,000.00 of the $48,000.00 to complete the pier work that would leave $18,0OO.00 with which the County can begin to proceed with the design work and take some of the money to obtain matching grants. Upon call for the question, the motion carried unanimously. Page 22 ees Recess: 11:00 AM - Reconvened: 11:25 AM At this time0 ~puty Clerk Fernley replaced Deputy Clerk Barbirettt ace Item 18D1 - Continued to September 6, 1994 (930) Item #8H1 AMEND AND INCREASE THE BUDGET FOR THE COLLIER COUNTY TOURISM COH~4ITTEE WITH TOURIST DEVELOPMENT TAXES AND APPROPRIATE CONTRACT AND BUDGET AMENDI~ENTS - AIrPROVED Jean Gansel, Budget Analyst, stated that this item is a request to increase the Collier County Tourism Committee budget. She explained that the Committee was allocated $661,000 to promote tourism but are requesting the transfer of $28,000 from advertising to cover the cost of brochure production. Ms. Ganse/said that the Committee is also requesting an additional $242,900 to supplement the remainder of the 1994 calendar year because the original budget was for a nine (9) month period only. Commissioner Constantine pointed out that the additional funds are necessary because of a change in the cycle for submitting TDC grant applications. Ms. Gansel indicated that monies are available for funding and the Tourist Development Council recommends approval of the additional funds and amendment. Commissioner Matthews moved, seconded by Commissioner Saunders and carried unanimously, that the additional funding and appropriate contract and budget amendments be approved. (1006) Item 88H2 TOURIST DEVELOPMENT TAX FUNDING FOR THE SENIOR PROFESSIONAL BOWLERS ASSOCIATION OPEN TO BE HELD SEPTEMBER 15-20, 1994 - APPROVED Jean Gansel, Budget Analyst, stated that the Senior Professional Bowlere Association Open has not been funded for 1994 due to the change in the schedule for TDC grant appllcatton submittals. She men- tioned that the event was funded in 1993 and was successful. Ms. Gansel indicated that a request for funding was made at the August 1, 1994 TDC meeting and funding was recommended for the Senior PBA Open Page 23 August 16o 1994 for no more than $39,350 in appropriate reimbursable expenses. Mary McDonald stated that the event will be bigger in 1994 because two (2) bowling centers will be utilized and the number of bowlers has increased from 240 to 308. Comlisaloner Saunders moved, seconded by Contssioner Matthews and carried unanimously, that Tourist Development tax funding for no more than $39,350 in appropriate reimbursable expenses for the Senior Professional Bowlers Association Open to be held September 15-20, 1994 be approved. (1074) Item d~H3 WAIVER X~tOM CONTRACT PROVISION WITH SWAMP BUOOY, INC., AND COLLIER COUNTY - APPROVED Jean Gansel, Budget Analyst, stated that a provision exists within the contract between Swamp Buggy, Inc., and Collier County requiring that any commercial material indicate that the event is a joint project with Collier County funded partially by Collier County Tourist Development Tax Revenues. Ms. Gansel explained that promo- tional material for the Swamp Buggy Races held May 28 and 29, 1994 inadvertently omitted the information and the Tourist Development Council requested that the Board of County Commissioners approve a waiver to the contract requirement in order to disburse funds. In response to Commissioner Volpe, Ms. Gansel informed that a subcommittee exists of Tourist Development Council members who review materials before printing but she is not sure whether the subcommittee reviewed the subject material or not. Commissioner Constantine pointed out that $13,734.50 of TDC funds were allocated for the event but the request for reimbursement is for only $4,391.52. Commissioner Matthews stated that a safeguard needs to be effected to assure another oversight does not occur. Gene Vaccaro, Executive Director of the Florida Sports Park, distributed an advertising flyer for the Swamp Buggy Races to be held Page 24 August 16, 1994 on October 29 and 30, 1994 indicating the event is supported by the Collier County Tourist Development Council. County Attorney Cuyler stated that an additional funding request has not come before the TDC for approval. Mr. Cuyler explained that the next meeting of the TDC is September 12, 1994 and suggested that Mr. Vaccaro obtain approval for funding at that meeting prior to requesting approval by the Board of County Commissioners for fund distribution. Commissioner Constantine requested that approval of funding be placed on the TDC agenda for September 12, 1994. Ccnmmissioner Saunders moved, seconded by Commissioner Matthews and carried unanimously, that a waiver from the contract provision with Swas~ Bu~, Inc., and Collier County regarding commercial adver- tisin~ material be waived. (1229) ltem~H4 CORRESPONDENCE TO BE SENT TO THE GOVERNOR'S OFFICE INDICATING LOCAL SUPPORT FOR THE COLLIER COUNTY BEACH RESTORATION PROJECT AND REQ~TESTIN8 THE GOVERNOR TO INCLUDE STATE FUNDING SUPPORT FOR THE PROJECT IN TITM LEGISLATIVE BUDGET - APPROVED WITH CHANGE Tom Conrecode, OCPM Director, stated that multiple letters were prepared but only the letter to the Governor is being recommended for transmittal after discussions with the Florida Department of Environmental Protection. He indicated that one (1) minor change to the letter needs to be made prior to obtaining the Chairman's signature. Contssioner Saunders moved, seconded by Commissioner Matthews and carried unanimously, to approve transmitting correspondence to the Governor with one (1) minor change. .' Page August 16, 1994 Item #8H5 REQUEST FOR STAP"F TO NEGOTIATE WITH SECOND LOWEST BIDDER TO OBTAIN A CONSTRUCTION CONTRACT FOR THE GOLDEN GATE COMMUNITY CENTER (BID N0.94-2229) - LATE]lESS OF PROTEST LETTER FROM LOWEST BIDDER, LODGE CONSTRUCTION, INC., AND THE REQUIREMENT FOR STAFF TO PROVIDE WRITTEN RESPONSE WAIVED; BID PROTEST DENIED; STAFF AUTHORIZED TO NEGOTIATE WITH SECOND LOWEST BIDDER, CHRIS-TEL COMPANY OF SOUTHWEST FLORIDA, INC., TO BRING BID AT OR BELOW ALLOCATED PROJECT AMOUNT AND CHAIRMAN AUTHORIZED TO SIGN CONTRACT IF NEGOTIATIONS ARE SUCCESSFUL Steve Camell, Purchasing Director, stated that the recommen- dation before the Board pertains to the award of Bid No. 94-2229 for the expansion of the Golden Gate Community Center. Mr. Camell explained that the bids for the Golden Gate Community Center expansion were distributed in early summer to 42 prospective bidders, 14 firms artended the prebid meeting and on July 27, 1994 six (6) bid offers were tendered. He mentioned that the construction budget for the project is $1.24 million and all base bids received were over the allocation amount. Mr. Camell stated that the bids were very competitive with the spread between the first and fifth place bidders being less than $90,000 for the base bid work. Mr. Camell stated that immediately after bid opening, Staff discovered that the apparent low bidder, Lodge Construction, tendered a bid that was not responsive to specific bid specifications, i.e. the requirement that the project completion date not exceed 210 days from Notice To Proceed. He explained that the time frame was weighed against bid price due to the priority of the project and assuring that the selected contractor could expediently complete the project. Mr. Camell indicated that Lodge Construction bid a substantial completion date of 210 days and a final completion date of 230 days. Mr. Camell stated that Staff determined that the irregularity in the bid submitted by Lodge Construction is material and, therefore, recommends that the contract be awarded to Chris-Tel Company of Southwest Florida, Inc. of Cape Coral. He explained that Staff will negotiate with whomever the bid is awarded to in order to bring the bid in line with the project budget. Page 26 August 16, 1994 Mr. Camell stated that Staff prepared the Executive Summary for presentation to the Board of County Commissioners on August 9, 1994 but pursuant to the bid protest policy, an Intent of Protest letter was received from counsel representing Lodge Construction and the item was continued to today to afford the opportunity to file a formal pro- test. He indicated that under the protest policy, the protesting party has five (5) calendar days from the date of submitting the Intent letter to file a full protest and the deadline was 5:00 PM on Monday, August 15, 1994. Mr. Camell explained that technically, the protest was late as the letter was not received until 5:15 PM. He mentioned that the protest policy requires the Purchasing Director to issue a written decision upon receipt of the protest letter but the requirement is impossible to comply with and still present the item to the Board today for approval in order to move forward with the pro- ject. Mr. Camell stated that the protest policy, for the sake of expediency, enables the Board of County Commissioners to waive por- tions of the protest policy and Staff is recommending that the late- ness of the formal protest be waived, permit the protester to make a presentation today, and that the requirement for the Purchasing Director to supply a written decision be waived. He explained that this action will enable the Board to make a decision and settle the issue today. In response to Commissioner Constantine, County Attorney Cuyler stated that he is comfortable with Staff's recommendation. In response to Commissioner Vo]pe, Mr. Camell informed the Board that liquidated damages of $750 per day will incur beyond the 210 day completion requirement. Mr. Cuyler stated that the Board of County Commissioners can declare that the protest was late, decline to hear the protester and deny the bid protest; however, mitigating circumstances have been pre- sented and Staff's recommendation is in the best interest of the County. Commissioner Matthews moved, seconded by Commissioner Norris and Page 27 August 16, 1994 carried 4/O (Commissioner Saunders out), that the lateness of the pro- test letter be waived, the requirement for Staff's written response be waived and allow the protester to present their case. Mr. Camell informed the Board that the difference between the first and second lowest bidders is $47,000. Mr. Camel1 indicated that a meeting was held this morning with a Lodge Construction representative and their legal counsel, Humphrey & Knott, to further discuss the issue and everyone is in agreement as to the facts but the Board of County Commissioners is being requested to make a reasonable interpretire judgment of the facts and the affects therefrom. Mr. Camell distributed copies of the Formal Protest of Award of Bid, Tabulation for Bid #94-2229 indicating the number of days for substantially complete and final acceptance and the Bid Schedule sub- mitted by Lodge Construction. Mr. Camell pointed out that on the day of bid opening, July 27,1994, a Staff member advised the Lodge Construction represen- tative of the potential problem in regard to the time offer because of the explicit requirement to offer a bid schedule which does not exceed 210 days for final completion. Mr. Camell explained that late afternoon on July 27, 1994, a letter was received from Lodge Construction advising that it was their intent to have bid final completion at 210 days. He indicated that more information was contained in additional correspondence received reiterating of the intent to bid the project at final completion at 210 days. Mr. Camell stated that the day after the bid opening, Assistant County Attorney Manalich, Mr. Camell and Tom Donegan, OCPM, met to discuss the ]~sue and determined that there was not an inherent contradiction which might support the contention that they meant 210 days. He pointed out that in two (2) places, Pages C-2 and C-8 of the Bid Schedule submitted by Lodge Construction, "230" calendar days was inserted on the same line and just prior to the sentence that read "The date not to exceed 210 calendar days." Page 28 August 16, 1994 Mr. Camell stated three (3) possible conclusions exist: 1) the real intent was to have substantial completion in 210 days and final acceptance within 230 calendar days but they have indicated to the contrary; 2) the intent was to bid 210 days for substantial as well as final completion which is not a practice of the industry; and 3) the intent was to bid a schedule sometime less than 210 days for substan- tial and 210 days for final acceptance. Mr. Camell indicated that on August 9, 1994 Humphrey & Knott was notified by letter that the item had been continued for one week but that the item would definitely be discussed on August 16 because of the timeframe of the project. He stated that in the same correspon- dence, they were notified of the due date and time of the Formal Protest of Award of Bid and the fact was highlighted that any infor- mation regarding substantial and completion days should be included. Mr. Camell pointed out that the Formal Protest does not address the issue of substantial completion; however, during the meeting this morning, Lodge Construction indicated that four (4) mistakes were made, i.e. 210 should have been inserted where 230 appears in two (2) places and a lesser number should have been inserted where 210 appears in two (2) places in the Bid Schedule. Mr. Camell explained that the legal concerns regarding the degree of irregularity, the nature of the variance and whether Lodge Construction gained an unfair advantage through the process was addressed. He mentioned the integrity of the bid process because of the timeframe being such a crucial factor was also addressed. Commissioner Volpe requested that a copy of the liquidated dama- ges language contained in the bid specifications. Commissioner Constantine explained that the liquidated damages are assessed if the contractor exceeds the completion date but is not part of the bidding process. Tom Conrecode, OCPM Director, explained that a prudent contractor will consider liquidated damages when arriving at a project schedule and is material for the time/price argument between the lowest and Page 29 second lowest bidders. In response to Commissioner Volpe, Mr. Cuyler informed that whether an error is intentional or inadvertent has no bearinG when dealing in a competitive situation. Commissioner Volpe questioned the lan~tuage of "substantial completion," "fully completed work" and "acceptance by the owner" because of the appearance of inconsistency. Mr. Conrecode explained that substantial completion is typically the date the Certificate of Occupancy is issued; thereafter the punch- list work is completed upon which the date of final acceptance is based and within a matter of days the acceptance by owner usually OCCUrs. Commissioner Matthews pointed out that Lodge Construction indica- tes that the supervisory portion of the bid is based on 30 weeks which is 210 days. She questioned whether a bidder normally will include supervisory fees in the intervening time from substantial to total completion of a project? Mr. Carnell indicated that Lodge Construction informed Staff that normally supervisory fees are included in the final phase but is not absolute. Administrative Assistant to the Board Filson distributed copies of the bid specifications relative to liquidated damages. Commissioner Volpe pointed out that the liquidated damage is assessed after substantial completion. Mr. Conrecode informed the Board that if the Certificate of Occupancy is not issued on or before the day the selected contractor indicated substantial completion, $750 per day will be assessed until the Certificate of Occupancy is obtained. Commissioner Constantine explained that the purpose is to keep the contractor committed to the date indicated for substantial completion. Ramiro Manalich, Assistant County Attorney, stated that the legal case in Florida indicates that the Board can waive minor irregulart- Page 30 August 16, 1994 ties in the bid process but cannot, as a matter of law in order to protect the integrity of the bidding process, waive material irregu- larities which grants to any bidder a competitive advantage. He explained that the case involves Cape Coral in the ]ate 1970's where the bid specifications called for a certain brand of pump but the low bidder responded with a different brand of pump. Mr. Manalich indi- cated that the City Council awarded the bid to the low bidder because the company agreed to change the bid to reflect the requested brand of pump called for in the specifications. He said that the second lowest bidder sued for injunctive relief and prevailed in the Appeals Court due to the fact that the low bidder had been allowed to change the bid on an item which was specified. Mr. Manalich explained that the Court found that the change was material and gave an advantage to the low bidder because the company did not have to meet the same specifica- tions as all other bidders. Mr. Manallch stated that his legal opinion is that the error by Lodge Construction is material and advantages can be gained by allowing them to change their bid dates. He explained that the situation dictates that the County could be sued by either the low or second lowest bidders but the County can likely prevail and quickly dismiss any attempted injunctive efforts by Lodge Construction. Mr. Manaltch pointed out that should the second lowest bidder sue, the County could be liable. Commissioner Volpe recommended rejecting all bids to avoid a lawsuit and rabid the project. Mr. Manaltch pointed out that consideration must be given to the timeframe. Commissioner Constantine indicated that a number of activities at the Golden Gate Community Center will be impacted if the project does not go forward as scheduled. Mr. Manalich stated that the Board has in the past waived irregu- larities but they were minor because they did not affect time, price or quantity. He pointed out that in this particular bid, time was a Page 31 August 16, 1994 critical factor for bid award. Mr. Manalich indicated that in cases where relief has been afforded to a party claiming a mistake or error have usually been those where a number of units and a unit price is involved and a mathematical error was made. Mr. Camell requested that the Board authorize Staff to negotiate with whomever the bid is awarded to in order to bring the bid within acceptable budget constraints. He reiterated that the difference between the first and second lowest bidder is $47,000. Mr. Camell also requested that the Board authorize the Chairman to execute the contract should Staff be successful in the negotiation process, i.e. bringing the contract amount to or below the $1.2 million allocated project amount, since time is of the essence and the Board of County Commissioners will not be meeting again in regular session until September 6, 1994. Dana Gallup of Humphrey & Knott, representing Lodge Construction, stated that Lodge Construction submitted their bid in a timely manner and reiterated many of the facts as presented above. Mr. Gallup stated that what must be established is whether a material mistake has been made that the Board cannot waive or an irregularity which can be waived. He said that the factors are whether a substantial variance exists and whether there is an unfair advantage given to Lodge Construction if the error is waived. Mr. Gallup stated that since the bid specifications clearly indi- cated that 210 days was the deadline for completing the pro3ect, it does not make sense that Lodge Construction would deliberately place a number on the bid form which is inconsistent with County requirements. He explained to the Board that the error was not intentional but was a typographical error made by the secretary who was then directed to subtract 20 days from the number of days for final completion for substantial completion. Mr. Gallup stated that unfortunately the error was not detected prior to bid submission and upon realizing the error, steps were taken immediately to correct same. Page 32 ........ August 16, 1994 Mr. Gallup indicated that the case which Collier County Counsel has referred to involved the contractor submitting an apparent discre- pancy which was not an error and disturbed the integrity of the bid process. Mr. Gallup pointed out that no change in price occurred and had there been no timeframe indicated and Lodge Construction tried to change the number of days after bid opening, then the second bidder could argue that a competitive imbalance occurred because there were no guidelines. Mr. Gallup stated that Lodge Construction did not have a com- petitive advantage, they just brought their bid into conformance which is what they needed to do in order to be considered as a possible low bidder. He indicated that where evidence shows that the error is clearly evident on the face of a document, then it is a technical error that can be waived by the Board. Commissioner Norris stated that the very clarity of the number of days on the front page would also indicate that it is not an error. Mr. Gallup indicated that the mistake was a clerical error which was not detected. Commissioner Norris pointed out that the same number of days was inserted twice and would only have appeared once if it were an inad- vettent error. Commissioner Constantine explained that correspondence he received specifically indicated that the error was typographical. Mr. Gallup stated that the back-up information submitted with the Formal Protest letter indicates that Lodge Construction computed their bid on a 210 day basis. He explained that the number of substantial completion days should be 190 days with final completion being 210 days. Commissioner Constantine stated that Lodge Construction is per- forming other work for Collier County well. He explained that the question is the responsiveness to the bid and whether the error was intentional or not is not important but taking the responsibility for Page 33 August 16, 1994 that error is important. Commissioner Constantine pointed out that for a project over a million dollars, the details should not be left for a clerical person to handle. Tape d~3 Commissioner Constantine stated that the potential for an unfair advantage exists if the number of days is allowed to be changed in the bid and he is not comfortable with allowing the change. Commissioner Norris stated it is unfortunate that the mistake was made and difficulty lies in not awarding a bid to the lowest bidder but the operative word is the lowest "responsive" bidder. In response to Commissioner Volpe, Mr. Conrecode replied that the urgency for the expansion of the Golden Gate Community Center is dri- ven by the event calendar schedule for the Spring of 1995. He explained that one (1) bidder bid a substantial completion of 120 days Just for the parking lot. Commissioner Constantine pointed out that the urgency for expan- sion at the Golden Gate Community Center is great because of daily utilization and the fact that the Center has to turn groups and people away. Mr. Conrecode indicated that the timeframe for rebidding the project is 45 to 60 days. He stated that the 180 days for substantial completion indicated by Chris-Tel Company would probably not be bettered. Mr. Conrecode explained that Staff is anticipating a September 1, 1994 start date which would mean a substantial completion date in the month of February 1995 and final completion toward the end of March 1995. Mr. Gallup emphasized that Lodge Construction agreed within hours of the bid opening and still agrees to perform the work in the 210 day timeframe with substantial completion in 190 days. He pointed out that Lodge Construction has performed good work on a number of pro- Jects for Collier County in the past in a timely, efficient manner. Mr. Gallup stated that the error committed by Lodge Construction is not material and does not disadvantage other bidders. Page 34 August 16, 1994 In response to Commissioner Constantine, Mr. Cuy/er stated that the potential impact should the Board decide in Lodge Construction's favor is that the Court will determine that the competitive bid pro- cess was disturbed. Commissioner Matthews moved, seconded by Commissioner Norris and carried 4/0 (Commissioner Saunders out), that the bid protest be denied because the difference in substantial completion dates between the low bidder and second lowest bidder is substantial and that the bid submitted by Lodge Construction be considered nonresponsive. Commissioner Constantine moved, seconded by Commissioner Matthews and carried 4/0 (Commissioner Saunders out), that Staff be authorized to negotiate with the second lowest bidder to obtain a construction contract for the Golden Gate Comity Center within the allocated budget of $1.24 million and that the Chairman be authorized to execute said contract should negotiations be successful. Item #8B6 - Continued to September 6, 1994 see Recessed 12:40 P.M. - Reconvened 1:50 P.M. at which time Deputy Clerk Hoffman replaced Deputy Clerk Fernley tee (558) Item elOC DISCUSSION RE CLAM PASS ENVIRONMENTAL STUDY - STAFF TO MEET WITH CONSULTAMT AND ALL AFFECTED PARTIES AND COME BACK ON 9/6 OR 9/13/94 Commissioner Saunders advised that he has received several telephone calls and letters from people in Clam Bay, Naples Cay and Pelican Bay, with regard to the status of the evaluation of the die off of the mangroves. He indicated that he understands that the scope of the evaluation is very limited and requested a presentation from staff as to the status of the study, the scope of the study and what needs to be done in terms of expanding the scope of same. CommJ.~|oner S~uD,].r',~ rept~rt~d that the Clam Bay area Is the County's first and only Natural Resource Protection Area (NRPA) which will be used as a guide to develop other NRPA's for other areas in the County. Jerry Neal, Engineering Project Manager, stated that the Office of Page 35 August 16, 1994 Capital Projects Management ls working on the hydraulics of the system which will be followed up with water quality testing. He noted that the Inlet Management Plan was approved for a hydraulic study to be done at the inlet and the entire area would include the Seagate area to Doctors Pass. Mr. Neal explained that if the restriction at Seagate Drive is open, there would be better flushing for both the Clam Pass and Venetian Bay areas. In addition, if so desired by the Board, the North end and the flushing in the die off area of the mangrove areas could be included. Mr. Neal reported that there is addendum to the existing contract with the consultant for the Inlet Management Plan. He pointed out that when the Board approved the contract, the study of the North and South end was approved. He indicated that a funding source was not included nor was the go ahead to proceed with including the North and South end with the Inlet Management Plan. Commissioner Saunders stated that it appears there is a proposal for the overall study, but only one portion of the study has been funded. Environmental Services Administrator Lorenz advised that Mr. Neal is speaking about the very detailed study to support the Inlet Management Plan. He noted In March, 1994, the Board directed staff to do the comprehensive NRPA for the Clam Bay system which includes water quality, mangrove die off, exotics and other types of issues that are being addressed in the context of a total NRPA program. Mr. Lorenz explained that staff has done the field work, assessed the area, and a technical report is being developed. He stated that an EPTAB sub-committee has recently been established for the Clam Bay NRPA. He related that the technical report will work through EPTAB and a series of recommendations for management guidelines will be pre- sented to the Commission. With regard to water quality, Mr. Lorenz indicated that the Pelican Bay Improvement District has in excess of 10 years worth of August 16, 1994 data that is being assessed as part of the technical report. He revealed that the monitoring program is ongoing and recommendations will be made as to how to change that program to answer additional questions. In response to Commissioner Saunders, Mr. Lorenz replied that he believes staff is moving in the correct direction in terms of deve- loping the NRPA report and when that report is developed, recommen- dations will be made with regard to funding for a variety of different efforts. He suggested waiting until the report is complete to see the total picture, understand what the total resources will be, understand the objectives for the system and then make decisions to increase water quality monitoring or do some other things. He noted that he anticipates that the technical report will be completed by the end of this year and presented to the Board in January, 1995. Mr. Todd Turfell stated that his firm has the contract to do the Clam Pass work, which is specific to the Inlet. He remarked that there are various addendum to extend the work to the North and to the South, and noted that his biggest concern is that an area that is important is being studied, however, the problem areas are not being studied. He advised that it would not be advantageous to do the field work and only the Inlet area without doing the North and South. In response to Commissioner Matthews, Mr. Lorenz advised that his 1994-95 budget does not include any funds for any services over and above the typical monitoring programs. He indicated that the Inlet Management Plan project funding is part of the monitoring for the total system but has a different set of objectives and these will take two years to accomplish. Mr. Turfell announced that the contract includes hydrographic engineers and water quality monitoring, noting he believes it contains what is needed to do a comprehensive job on the entire project. In answer to Commissioner Constantine, Mr. Lorenz affirmed that the initial contract that was awarded to Turfell & Associates was funded through TDC funds and there is no budget for the expanded Page 37 AugUst 16, 1994 program, as being proposed. Commissioner Matthews remarked that it appears the Board is desiring to do things and staff is authorized to move in certain directions but at the same time, the Commission is not being told what to anticipate in terms of costs and whether to include these costs in the budget. Mr. Lorenz affirmed that he anticipated coming back to the Board in January with a total NRPA program for the Clam Bay area that would recommend what the costs of that program would be for the Board's con- sideration of the implementation aspect at a later time. Commissioner Saunders questioned the cost difference in what is being done and what had been contemplated to be done. Mr. Neal revealed that the cost for the North end is $75,500; and the cost for the lower end is $131,827. The following persons spoke with regard to this item: Scott Brady, representing Naples Cay Properties Roy Lewis, Environmental Consultant Fran Stallings, representing Florida Wildlife Federation Commissioner Saunders concurred with Dr. Stallings remarks in terms of EPTAB. He recalled that it was EPTAB that recommended that the NRPA program be established, and noted he is uncertain as to their role in the evaluation. Commissioner Saunders stated that staff has made conflicting remarks. He indicated that Mr. Neal cited that staff is looking for a source of funds to move forward with the total hydraulic study and on the other hand, Mr. Lorenz reported that staff is moving along in a manner that will be resolved in coming back to the Board looking for funds in the Spring of 1995. Mr. Neal remarked that the Office of Capital Projects Management is looking at what would happen if the flushing restriction is opened at Seagate, having flow from Clam Pass and Doctors Pass and what that would do to the entire system. He noted that the hydraulics of the system is not part of Mr. Lorenz's report study that he is preparing. In answer to Commissioner Constantine, Mr. Lorenz replied that the Page 38 August 16, 1994 appropriate dollars have not been budgeted for a total comprehensive monitoring effort. He related that he anticipated doing an assessment of where all the information is and objectives of same. He explained that there are many conflicting issues that have arisen today, i.e. opening up the connection between the Venetian Bay and the Clam Bay system and if the Board is interested in entertaining this as an idea which will be addressed in the NRPA technical document, a monitoring study would be necessary to identify those objectives, Commissioner Volpe questioned whether it is premature to embark upon a full blown study, using the services of Mr. Turfell or another consultant for this purpose, to which Mr. Lorenz replied affirmatively. Commissioner Saunders announced that there appears to be many conflicting views with regard to this item. He suggested that staff meet with the consultants and any other interested parties and come back to the Board on September 6 or 13, 1994 and advise as to the manner in which to proceed. Commissioner Matthews suggested that staff invite the beach renourishment committee to participate in the upcoming meeting. It was the consensus of the Board for staff to meet with the con- sultant, Beach Renourishment Committee and all affected parties and retu/-n to the Board on September 6 or September 13, 1994. (2365) Item I8H7 SELECTION OF TOP-RANKED FIRM TO ENTER INTO A MASTER LEASE AGRMEP[ENT (RFP-94-2228) - AWARDED TO LEASE RESOURCE, INC. Purchasing Director Camell stated that this item is a recommen- dation to select the top-ranked firm to enter into a Master Lease Agreement with the County. Mr. Camell explained that the purpose of this agreement is to provide a financing tool to give the Board alternatives for procuring major capital expenditures. He reported that the instigator for this contract is the forthcoming 800 MHz radio system project. He pointed Page 39 AUgust 16, 1994 out that the scope of this agreement has been written more broadly to include other projects, where appropriate, should the need and oppor- tunity arise to utilize this type of agreement. Mr. Camell advised that the agreement provides for a three year term with the recommended party and staff will be able to initiate multi year lease purchase agreements with the contractor. He noted that the rates established under this agreement are based on a fixed mark up or discount. ess Commissioner Saunders left the room at this time **s Mr. Camell reported that there are no projects at the present time that are envisioned, or that have been decided on or directed by the Board to be funded through this agreement. Mr. Camell explained that the Finance Committee recommends the firm of Lease Resource, Inc. In answer to Commissioner Volpe, Mr. Camell replied that the 800 MHz system is the primary project currently and this agreement may be utilized for same. Commissioner Norris questioned whether this agreement obligates the County to enter into all the lease purchases through the awardee. Mr. Camell replied that the agreement does not obligate the County in this regard. Commtmstoner Norris moved, seconded by Commissioner Matthews and carried 4/0 (Commissioner Saunders out), to award RFP-94-2228 to Lease Reeeurce, Inc. (2728) ItemSSHe CHANGE ORDER NO. THREE TO THE NORTH COUNTY REGIONAL WASTEWATER TREATMElT[ PLANT EXPANSION PROJECT WITH MILMIR CONSTRUCTION, INC. FOR THE INSTALLATION OF A FUEL DEPOT ON THE SOUTH SIDE OF THE ENTRANCE ROAD INTO TEE PLANT PROPERTY FROM GOODLETTE ROAD - CONTINUED; STAFF TO DISCUSS TH~ POSSIBILITY OF THE NORTH NAPLES FIRE DISTRICT PARTICIPATING IN CAPITAL LEVEL OF FUELING STATION Administrative Services Administrator Ochs advised that the County currently owns and operates four fueling depots located in the Carnestown/Everglades City area, Marco Island, Road & Bridge Facility Page 40 August 16, 1994 in Immokalee and at the County Barn Road Transportation Facility in East Naples. In addition, he noted by reciprocal agreement with the School Board, the County also has access to Collier County Public School District's fueling station which is located in the general vicinity of Pine Ridge Road and Airport Road. Mr. Ochs recommended the construction of a fuel island at the North County Regional Wastewater Treatment Plant. He cited that the County has a number of facilities in and around the immediate area of the proposed site. He remarked that Northern Collier County is the fastest growing area in the County and there is a demand for addi- tional service in that location. Mr. Ochs pointed out that an analysis conducted by Fleet Management reveals that non-productive refueling travel time by staff could result in an annual savings of $50,000 - $65,000, based on two persons in a vehicle and a 20 minute round trip. He noted that this study was based on travel between the Immokalee Road site and the School Board site and back out to the field. Mr. Ochs reported that staff has had discussions with the Sheriff's Office and Chief Jones of the North Naples Fire Department. He reported that both of those agencies had previous discussions with the Office of Capita/Projects Management when the facilities were being designed on Vanderbilt Beach Road since they were desirous of designing fuel depots to service their agencies. He noted that both agencies indicated that they would use and pay for their fuel at the proposed site as opposed to constructing their own facility. Commissioner Constantine questioned whether staff has discussed the possibility of the Sheriff's Office and North Naples Fire Department sharing the capital costs. County Manager Dotrill stated that the North Naples FIre Department has the desire to build a fire and administrative facility on property that is being evaluated and proposed to be obtained from the County. He indicated that he is not certain whether the Fire District will have money ]n their budget to cost share. Page 41 August 16, 1994 County Manager Dorrtll recalled that the Sheriff requested funds to build a North County fueling site which would have come from the Board of County Commissioners and in lieu of that, staff requested that he wait until the subject plant could be developed and presented to the Board so that there would be one plant as opposed to two dif- ferent sites. Commissioner Volpe questioned whether the hospital has a fueling operation at the North Collier facility. Mr. Ochs replied that he is not certain whether there is a fueling operation at that facility, and noted that staff will ascertain that information. In answer to Commissioner Volpe, Fleet Management Director Dan l>ucher replied that the access road is proposed for the perimeter of the Wast#water Treatment Plant. Tape #4 In answer to Commissioner Volpe, County Manager Dorrtll remarked that a new fire station at the subject location could be a good idea. He explained that this would further the argument that the fire sta- tion would be wanting to buy fuel from the County on that site and if so they may be willing to pay a slight surcharge or participate with a portion of the capital costs for same. He affirmed that the site that ls desired by Chief Jones is located at the Wast#water Treatment Plant. Commissioner Volpe moved, seconded by Commissioner Constantine and carried 4/0 (Commissioner Saunders out), to continue this item for a period of time to allow staff to engage in discussions with the North Naples Fire Control and Rescue District re the possibility of that agency participating in the capital level of the construction of the fueling station. (112) Item #lOl RESOLUTION 94-604, REAPPOINTING S. BUDDY HARRIS AND FRANK BLANCHARD AND APPOINTING JOSEPH CHRISTY AND JOHN DOUGHERTY TO THE MARCO ISLAND BEACH RENOURISHMENT ADVISORY COMMITTEE - ADOPTED Commissioner Norr]s advised that there are four vacancies on the Marco Island Beach Renourishment Advisory Committee and four recom- Page 42 August 16, 1994 mended applicants. Commissioner Norris moved, seconded by Commissioner Matthews and carried 4/0 (Commissioner Saunders out), to reappoint S. Buddy Harris and F~ank Blanchard and to appoint Joseph Christy and John Doughstry to the Ma=co Island Beach Renourlshment Advisor7 Committee, and that Resolution 94-604 be adopted. PaGe 43 August 16, 1994 (128) Item tl0B RESOLUTION 94-605, REAPPOINTING GEORGE HERMANSON AND APPOINTING JAMES GORE TO THE ENVIRONMENTAL ADVISORY BOARD - ADOPTED Administrative Assistant to the Board Filson stated that the terms of Patrick Neale and George Hermanson expire on September 30, 1994 and the Environmental Advisory Board is recommending the reappointment of both members. Commissioner Matthews requested that the Board consider the appointment of James Gore since he is new to the area and as a biolo- gist, could offer fresh ideas to the EAB. Commissioner Norris moved, seconded by Commissioner Constantine to reappoint George Hermanson and Patrick Neale to the Environmental Advisory Board. Upon call for the question, the motion failed 2/2 (Commissioner maunders out). Ms. Ftlson explained that Patrick Neale served on the Environmental Advisory Council prior to the merge of that Board with the Water Management Advisory Board, but noted he is eligible for reappotntment to the EAB. Commissioner Volpe moved, seconded by Commissioner Matthews that James Gore be appointed to replace Patrick Neale on the Environmental Advisory Board and that George Hermanson be reappointed. Upon call for the question, the motion failed 2/2 (Commissioner Norris and Commissioner Constantine opposed). lie Commissioner Saunders returned to the meeting at this ti~e lie Commissioner Matthews moved, seconded by Commissioner Volpo and carried 3/2 (Commissioner Norris and Commissioner Constantine opposed) to appoint James Gore and that George flermanson be reappointed to the Environmental Advisory Board, thereby, adopting Resolution 94-605. Page 44 (3~2) Its. #10~ RESOLUTION 94-606, ESTABLISHING A POLICY REQUIRING AN IDENTIFIED AND APPROVED FUNDING SOURCE BEFORE THE BOARD COMMITS TO A PROGRAM, PROJECT OR CONTRACT - ADOPTED Commissioner Constantine explained if the Board proposes to commit to spending money it should be known from where and how that money will be obtained. He suggested that commitments should not be made until the source of funding is known. Commissioner Constantine indicated if the Board determines that money should be taken from Reserves, it should be so stated at the time a commitment is made for that program. County Manager Dotrill stated that he views the resolution as spe- cifying the current fiscal impact section as indicated in the execu- tive summaries. Commissioner Saunders remarked that the Board has committed to building the second crossing over the Gordon River Bridge, recognizing the importance of this to the community, however, no one has any idea how that project will be paid for. Commissioner Saunders indicated that under the Florida Constitution, the County cannot engage in debt without a way to pay for same. He explained he does not have a problem with the policy, but noted he does not believe it will accomplish anything. With regard to the Gordon River crossing, Commissioner Constantine stated that the Board has committed in concept to having a bridge, however, the County has not entered into a contract to physically build that structure. He indicated that part of the planning is doing the toll studies, etc. to establish how the bridge will be paid for. In answer to Commissioner Saunders, County Attorney Cuyler advised with regard to a line of credit, the source of repayment has to be identified. The following persons spoke with regard to this item: Sewell Corkran Neno Spagna Commissioner Saunders cited concerns as to how the County can do Page 45 August 16, 1994 the PD&E studies for the second Gordon River crossing project if the funding source has not been identified for the actual construction project, but noted that County Attorney Cuyler has indicated that this resolution will not create a problem in that regard and therefore, will support the resolution. County Manager Dotrill noted that in lieu of the Resolution stating "with any Board decision" it may be appropriate for the language to read "with any final Board decision". Commissioner Volpe questioned whether the Board supports direction to staff to explore, as part of the development of the budget policies for FY 95/96, to budget those dollars for specific projects that have been identified within the existing fiscal year and if there is something that is not a part of the current budget and is not a question of health, safety and welfare, there should be some guideli- nes for exceptions and that would be an instance of an unbudgeted item coming forward. Commissioner Constantine cited that he supports Commissioner Volpe's suggestion. Commissioner Matthews stated that she does not object to Commissioner Volpe's suggestion and noted that there have been instan- ces where staff has been given direction after the end of a fiscal year knowing that money has to be spent, however, when the time comes to spend the money and let the contract the Board is informed that the project has not been budgeted. Commtmsioner Norris moved, seconded by Commissioner Volpe and carried ~nanimously, that Resolution 94-606, establishing Board policy req~iring In identified and approved funding source before conitting to a pro~ll, project or contract be adopted. Page 46 August 16, 1994 Recessed: 3:40 P.M. - Reconvened: 4:00 P.M. at which time D~puty Clerk Barbtrettt replaced Deputy Clerk Hoffman ms, (1291) Item #11A DR. SHARIF RE PERSONNEL POLICY - STAFF DIRECTED TO DETERMINE IF PROPER PROCEDURE WAS FOLLOWED AND TO REVIEW THE APPEAL PROCESS County Manager Dotrill announced that Dr. Sharif is going to speak on behalf of an employment matter involving his wife. He said that he had discussed the issue briefly with Dr. Sharif. Dr. Rasool S. Sharif stated that he has been in business for him- self as well as State and Federal Government. He said that he has been involved in many personnel procedures. Dr. Sharif stated that his wife brought to his attention a grievance that she filed regarding a promotion in her department. He said that he reviewed the appeal procedure. He said that the proce- dure clearly indicates a three step procedure. He stated that each of the steps is to be heard and judged by County Management. He said that this procedure will cause the County problems with Equal Employment Opportunity, Labor Department and Treasury Department. Dr. Sharif stated that his wife is the lowest paid employee in the County and has been denied two promotions. He said that when the Assistant County Manager asked her Supervisor why she had not been promoted he said it was because he was unable to contact her former employers. Dr. Sharif requested that his wife be promoted to the position that she applied for and that the appeal procedure be reviewed. Commissioner Constantine stated that the Board of County Commissioners did not have the authority to promote individuals. He explained that all the employees, with the exception of the County Attorney, Airport Authority Executive Director and County Manager, 'fall under the County Manager. He said that the Board does have the authority to review the appeal process. Dr. Sharif stated that it is his understanding that under State law the Board is obligated to correct any flaw or default in manage- Page 47 August 16, 1994 ment procedure. County Attorney Cuyler stated that Commissioner Constantine is correct. He explained that under the personnel rules the Board of County Commissioners does not have the ability to question the County Manager's employment decisions. He also agreed that the Board can review the personnel rules and regulations. County Manager Dotrill explained that Mrs. Sharif is an Office Assistant currently working in Court Administration. He said that she applied for the Witness Coordinator position, was evaluated by Mr. Brigham, Court Administrator, and another individual from the Court Administrators Office in Fort Myers. Mr. Dotrill explained that the issues pertaining to Mrs. Shartf not being selected for the vacancy had to do with the Board's policy to give initial consideration to existing employees. He said that a review of the record indicated that procedurally there were no viola- tions. He said that he is surprised to hear Dr. Sharlf has a concern that there is an issue that pertains to discrimination because Assistant County Manager Hargett, who had heard the appeal, specifi- cally asked if they were making a claim of any discrimination and if so to present facts to support that claim. He said that it is his understanding that after some discussion Mrs. Sharif and Mr. Guardino, her advisor, indicated that they were withdrawing any alleged discri- mination as part of that. He said that he advised Dr. Sharif that if he wanted to present any additional information he would be happy to review it. County Manager Dotrill stated that the final hiring has not taken place and several other candidates are being evaluated, In response to Dr. Shar]f's remark, County Manager Dotrill stated that he is unaware of any deviation from the time requirements. He said that if he is unable to hear a grievance it is heard by his designated representative who in this case was Mr. Hargett. He said that the only other deviation in procedure that he is aware of is the level procedure. He explained that there is a three level grievance 74 Page 48 August 16, 1994 procedure. He stated that Level One was skipped in this case because the immediate supervisor in this case was no longer employed with the County. He said that procedurally the County's policy was adhered to. Commissioner Constantine suggested that the County Attorney and County Manager work with Dr. Sharif to determine if the procedure was followed properly. He said that if there is any evidence that it was not adhered to in the past that the County Manager be made aware of that fact. He suggested that the Board review the appeal procedure. Commissioner Norris stated that the Board considers any charge of discrimination very serious. Commissioner Constantine stated that the issue cannot be settled here. (2310) Item el2A1 ORDI/~AI~CE 94-38 RE PETITION PUD-94-4, ALAN D. REYNOLDS, AICP, OF WILSON, MILLER, BARTON AND PEEK, INC., REPRESENTING JOHN H. HARRIS, TRUSTEE, R~QUESTING A REZONE FROM "A" RURAL AGRICULTURAL DISTRICT TO PUD FOR A RESIDENTIAL DEVELOPMENT OF VARIOUS HOUSING STRUCTURE TYPES AND PROVISION FOR ADULT CONGREGATE LIVING FACILITIES FOR A PROJECT TO BE KllO%~II AS HUNTINGTON ON THE NORTH SIDE OF IMMOKALEE ROAD - ADOPTED WITH CHARGES Legal notice having been published in the Naples Daily News on July 28, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Ron N/no stated that this petition is a request to fezone 120 acres of land from Rural Agricultural to PUD. He said that the name of the project is the Huntington PUD. He described the location and surrounding land uses of the property. Mr. Nino said that the proposal for Huntington will have 112 acres that will be used for single and multi-family housing with a maximum of 580 dwelling units. He stated that the PUD also proposes eight acres to be set aside along Immokalee Road to be used for Adult Congregate Living Facility (ACLF) housing with a maximum of 200 dwelling units for density of 25 dwelling units per acre. He explained that density rating system of the Growth Management Plan will allow 26 dwelling units per acre for ACLF development. He said Page 49 August 16, 1994 that because the property is within one mile of an activity center qualifies it for a density bonus of up to three dwelling units per acre. He stated that Staff did not recommend the deletion of a unit because of a lack of interconnection because it does not physically connect with Quail II. It does have access on one arterial road and one emerging arterial road, therefore Staff believes that it is entitled to the four dwelling units. Planner Nino stated that this project is consistent with the Future Land Use Element of the Growth Management Plan and all elements of the Land Development Code. He stated that the Collier County Planning Commission (CCPC) recommended approval of the project 8/0. He said that there were citizens at the CCPC meeting who expressed opposition to the project. In response to Commissioner Volpe, Mr. Nino explained that Northbrooke Drive is to be dedicated to the County as a public road. Transportation Services Administrator Archibald stated that included in the Comprehensive Plan and Growth Management Plan there is a service roadway for that part of the County that extends Oaks Boulevard and Immokalee Road north to Bonita Beach Road. He said that the alignment of that roadway falls on both the property that is being considered today and also the property where Northbrooke Drive is being built. He said Staff is attempting to require this developer and the developer of Quail West to align and build segments of the roadway so it will be part of the future collector arterial roadway. He said that the Quail West project has dedicated over a 100 feet of right-of-way for the extension of that roadway to the north side of their project. He said that he hoped that between the three projects a collector roadway will be incorporated. Kathleen Passidomo, representing John H. Harris, Trustee, stated that she is requesting that the Board of County Commissioners fezone 119 acres at the intersection of Immokalee Road and Northbrooke Drive east of 1-75 interchange and its surrounding activity center from Agricultural to PUD as described in the PUD document. She said that Page 50 August 16, 1994 competent, substantial evidence will be presented to prove that the present character of the property is unsuited for its existing Agricultural Zoning classification in light of the more intensive surrounding development. Ms. Passidomo stated that the proposed Huntington PUD is con- sistent with the Comprehensive Plan. She said that approval of the proposed Huntington PUD is appropriate and in the best interest of the County. Alan Reynolds, AICP, of Wilson, Miller, Barton and Peek, Inc., stated that that when the property was first looked at several things were identified that lend themselves to the type of residential pro- ject that is being proposed. He said that the first is that the pro- Ject has been previously cleared for agricultural use. He said that it has no environmental or developmental constraints on the property. He reported that the second consideration is that 1-75 and the acti- vity center is approximately 1,500 feet to the west of the property line. He said that bordering the east side of the property, between the proposed Huntington project and Quail Creek Village property, is an 80 foot wide drainage easement that has an existing drainage ditch. He stated that this area is one of the best served locations in Collier County from the standpoint of public facilities. Mr. Reynolds stated that what is proposed for the Huntington Development is a low density, low rise residential community. *** At this time, Deputy Clerk Fernley replaced Deputy Clerk Barbiretti Mr. Reynolds stated that 5.2 units per acre are being requested and is low for a multifamily project unless the project is a golf course community. He pointed out that the least dense multifamily district is RMF-6 which allows six (6) units per acre. Mr. Reynolds indicated that low rise refers to a height of 35 feet which is the height which is permitted and restricted in the County single family districts. He stated that the plan for the pro- Ject is for two (2) story units. Page 51 August 16, 1994 Mr. Reynolds mentioned that four (4) lakes have been identified as amenittes with a common recreational facility located at the entrance to the project. Mr. Reynolds pointed out that the right-of-way for the extension of 0aksBoulevard has been accommodated which left an eight (8) acre parcel between Oaks Boulevard and Immokalee Road and adjacent to an activity center. He explained that commercial use is prohibited for this project but an adult congregate living facility is permitted. Mr. Reynolds stated that a number of residents from Quail Creek Village expressed some concerns at the Collier County Planning Commission meeting but the Board recommende~ approval of this petition. He explained that a meeting with the adjacent homeowners was held several weeks ago to address their concerns but unfortunately not all the concerns were resolved. Mr. Reynolds pointed out that the units in the Huntington project closest to the existing Quail Creek Village have been configured to face west toward the amenity with a buffer on the outside next to the perimeter loop road. He indicated that the same or greater buffers than at Quail Creek Village are pro- vided and the distance between the closest residential structures is approximately 200 feet with each unit orienting the opposite direction. Mr. Reynolds indicated that a low profile approach is being pro- posed to address another concern of the Quail Creek Village residents. He said that the Quail II PUD allows four (4) story structures but the Huntington PUD is limited to 35 feet which equates to a two (2) story structure. Mr. Reynolds stated that the subject property must serve a tran- sitional purpose because the 1-75 interchange is a very intensive use plus the activity center and Huntington will be the first residential property heading east on Immokalee Road. He explained that Huntington has a higher density than Quail Creek Village but is less than the Comprehensive Plan allows and is compatible for the location while providing an adequate buffer between 1-75 and the activity center. Page 52 August 16, 1994 Mr. Reynolds mentioned that the petitioner is moving forward in the Site Development Plan process by designing bridges, and construc- tion of the extension of Oaks Boulevard to Northbrooke Drive is planned before the end of 1994. Commissioner Norris questioned what is planned for Phase II of the project? Mr. Reynolds informed the Board that Phase II product has not been determined at this time but 360 residential units are planned for Phase I so approximately 220 residential units could be allocated. He pointed out that Phase II will be less dense than Phase I which equates to approximately four (4) units per acre, probably a four (4) plex townhouse or patio home type product. The following persons spoke on this item: Tony Podorski Fran Ochs Mr. Reynolds pointed out that the suggested density for Huntington is not out-of-line with similar projects ironring Immokalee Road east from Airport Road, i.e. Regent Park at six (6) units per acre, Willowby Gardens at six (6) units per acres, April Circle at thirteen plus (13+) units per acres (an affordable housing project), Northport Plaza at 10.6 units per acre, and without the impact of being immediately adjacent an activity center. He stated that mixed housing opportunities must be provided in Collier County because not everyone can afford to live in a golf course community. Mr. Reynolds stated that the Quail II PUD has 33 acres of commer- cial land use which compensates for the lower density that was approved for the residential area. He explained that by utilizing the mathematics of how the Comprehensive Plan treats commercial ]and use, the 33 commercial acres equates to approximately 528 residential units but the actual intensity is much greater. Mr. Reynolds pointed out that the approved land uses on the west side of Quail Creek Village, immediately adjacent to the petttioner's property, allows 7.5 units per acre with the golf course maintenance Page 53 August 16, 1994 facility at the other end. Mr. Reynolds stated that the quality of the development and buf- fers proposed are high quality with state of the art landscaping per the County Land Development Code. Commissioner Volpe stated that the Huntington PUD document reser- ves to the developer the option of either an ACLF or 70 residential units. He questioned whether the developer would be agreeable to limiting the property to the 70 residential units? Mr. Reynolds responded that the petitioner prefers to retain the ACLF use because the use is more viable for the sub3ect piece of pro- perry and ACLF is a permitted use with less density. Commissioner Constantine closed the public hearing. Commissioner Volpe pointed out that the concern of the ad3acent property owners regarding the eight (8) acre commercial parcel needs to be addressed. Commissioner Norris stated he prefers that a choice regarding the eight (8) acre commercial parcel be made before approvtng the petition and questioned if the petitioner will accept limiting the parcel to the 70 residential units? Mr. Reynolds acknowledged that the petitioner will accept limiting the eight (8) acre parcel to the 70 residential units. Commissioner Volpe moved, seconded by Coamtsstoner Saundere to approve Petttlon PUD-94-4 with the eight (8) acre parcel designated for not more than 70 residential units thereby limiting the overall denslty of the project to not more than 5.4 unite, and subject to all Staff coudltton, and stipulations. Mr. Ntno stated that three (3) citation references need to be corrected: "...to the Comprehensive Plan" needs to be added to the end of Paragraph 3, Page 24, of the Executive Summary which is part of the PUD document; Page 25, Item 1.4D references Section 3.8.9 which should read Section S.8.9.2.1; and Page 27, Paragraph 2.7 references Section 3.2.8.4.9.1 but "and Section 2.5.12" needs to be added thereafter. Page 54 August 16, 1994 Commissioner Volpe amended hie motion to include the language corrections as listed above. Commissioner Saundere amended his second. Upon call for the question, the motion carried unanimously that Ordinance No. 94-38 be adopted and entered into Ordinance Book No. Commissioner Constantine informed the Board that Commissioner Saunders must leave the meeting and requested that Item No. 13B1 be heard at this time since a 4/Sths vote is required. (1063) Item #13B1 RESOLUTION 94-607 RE PETITION CU-93-4, DR. NKNO SPAGNA OF FLORIDA URBAN INSTITUTE, INC., REPRESENTING FLORIDA DISTRICT OF THE WESLEYAN CHURCH, REQUESTING EXTENSION OF CONDITIONAL USE FOR A CHURCH EXPANSION LOCATED IN GOLDEN GATE CITY AND FURTHER DESCRIBED AS ALL OF BLOCK 42, GOLDEN GATE UNIT 2 - ADOPTED Wayne Arnold, Acting Site Development Review Director, stated that this request is for an extension of a Conditional Use for The Wesleyan Church and is located in Golden Gate City. He indicated that the applicant secured a Final Site Development Plan on June 24, 1994, and is attempting to secure financing for construction, and this is the first request for a one (1) year extension. Commissioner Constantine closed the public hearing. Com~tseloner Volpe moved, seconded by Commissioner Matthews and carried unanimously, that the request for an extension to Petition CU-93-4 be approved, thereby adopting Resolution 94-607. Page 55 A~,t.~ust 16, 1994 (2~08) Ztem#12C1 ORDIIIAIICE 94-39 ADOFTING THE COLLIER COUNTY RESlD[NTIAL REHABILITATION PROGRAM, ESTABLISHXNG POLICY GUIDELINES AND ADMINISTRATIVE PROCEDURMS AND RESOLUTION 94-608 AUTHORIZING THE COUNTY BOARD CHAIRMAN TO EX~C~PTM AGREEM~ITS AND SECURITY INSTRUMENTS WITH PROGRAM PARTICIPANTS ON BEHALF OF THE BOARD OF COUNTY COMMI~IONMRS; AUTHORIZING THB COUNTY BOARD CHAIRMAN TO EXECUTE CONTRACTS BETWEEN COLLIER COUNTY AND CONTRACTORS FOR REHABILITATION R[LATED SERVICES ON BEHALF OF THE BOARD OF COUNTY COMMISSIONERS - ADOPTED Legal notice having been published in the Naples Dally News on July 28, 1994 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Bill Lavefry, Housing and Urban Improvement Planner, stated that the ordinance includes all documentation for the Residential Rehabilitation Program. He explained that policy guidelines and admi- nistrative procedures for the program are found on Page 72 of the agenda packet including Federal administration of the program, deter- mination of corrective action, contractors, contractors relationship with Collier County and program participants, Inspection of rehabili- tation work, payment for rehabilitation work and a disaster waiver. Mr. Lavefry indicated that the Ordinance and attached documents received input from the County's Purchasing Department, Code Enforcement, Risk Management, Clerk's FInance Department, County Attorney's Office and the City of Naples' Community Development Department. Mr. Lavefry stated that two (2) funding sources are available for a rehabilitation program with opportunity to expand. Commissioner Constantine stated that under the Affordable Housing Program, a moderate income family is one whose annual income does not exceed 80 percent of the median income for the area, low income ]s 60 percent and very low income is 50 percent. He pointed out that Attachment A to the ordinance refers to lower Income family as 80 percent and Immediate drops to very low Income family at 50 percent. Mr. Lavefry informed that the new dollar figures were Just Page 56 August 16, 1994 released but the funds will be available for rehabilitation services only to very low income persons. Mr. Lavetry stated that the only variance to the Local Housing Assistance Plan is funds made available through Hurricane Andrew Assistance which will cover low and very low income persons. Mr. Lavetry explained that Attachment B to the ordinance lists all forms for implementation of the program and includes eligibility determination forms, contract documents and inspection forms to be utilized by Staff. Mr. Lavetry stated that all forms and contracts have been reviewed by the County Attorney's Office, as well as program guideli- nes and administrative procedures. Mr. Laverty pointed out that Form B, Applicant Income Certification, is required by the Florida Housing Financing Agency for all jurisdictions receiving rehabilitation funds under the State Housing Initiatives Partnership Program. Mr. Lavetry stated that included as part of the contract docu- ments between the County and participating contractors are guidelines and specifications for rehabilitation and home repair and provide guidance for completion under the rehabilitation program as well as minimal requirements for materials that may be purchased with program funds. He said that the specifications also provide guidelines for Staff at the work inspection stage and payment stage. Mr. Lavetry stated that approximately $198,460 is available this fiscal year through the SHIP Program and $90,000 through the Hurricane Andrew Assistant Fund. Commissioner Volpe questioned if a minimum dollar amount has been set for the hurricane assistance program or can someone apply to have an air conditioner or door replaced? Mr. Lavetry indicated that the procedure to be followed is once an application is received, Collier County Code Enforcement will conduct the initial inspection of the residence to determine code violations which will be taken care of prior to replacement of stan- Page 57 August 16, 1994 dard fixtures. Commissioner Volpe voiced concern that small maintenance projects may go undetected in the program. Mr. Lavefry stated that from information and photographs on file, funds will most likely not be available to complete all the work for the low income families that need assistance. In response to Commissioner Volpe, Mr. Lavetry informed that the dollar limits adopted as policy guidelines are $7,500 for SHIP funds and $10,000 is available with Hurricane Andrew Assistance if code violations are present. Commissioner Matthews questioned if the process to be used to determine how the monies are spent over the next couple of years when limited SHIP funds will be available is on a first come, first serve basis? Mr. Lavetry answered in the affirmative. Mr. Laverty informed the Board that a basic outreach program conducted through local nonprofit organizations and churches will be utilized to notify those persons in need of assistance. In response to Commissioner Constantine, Mr. Lavetry indicated that the SHIP Program funds come through the Department of Community Affairs (DCA) and the local Housing Assistance Program limits the expenses to $7,500 per dwelling unit for a very low income household and does not address low income or moderate income households. He stated that the Hurricane Andrew funds are available for low Income fulllee. Commissioner Constantine closed the public hearing. {~2mmtestoner Norris moved, seconded by Commissioner Mmtthewm and carried 4/0 (Commissioner Saunders out), that Ordinance 94-39 be adopted and antered into Ordinance Book No. Commissioner Natthews moved, seconded by Commissioner Norris and carried 4/0 (Commissioner Saunders out), that Resolution 94-608 be adopted. Page 58 August 16, 1994 (1647) Iteltl2C2 ORDIIIICB NO. 94-40 AMENDING COLLIER COUNTY ORDINANCE NO. 87-48 PROVXDI!ra THAT TH~ GOLDEN GATE ESTATES CITIZENS ADVISORY CD~SITTEE BE RENAMED "GOLDEN GAT~ ESTATES LAND TRUST COMMITTEE' AND PROVIDING FOR MODIFICATION OF SELECTION OF MEMBERS - ADOPTED Legal notice having been published in the Naples Dally News on July 28, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. In response to Commissioner Matthews, Sandra Taylor, Real Property Management Director, explained that the name change is being requested because the citizens of Golden Gate Estates have been attending the meetings because they believe the Citizens Advisory Committee is a community effort and hopefully the name change wtll end the confusion. Commissioner Constantine closed the public hearing. Commissioner Matthews loved, seconded b~ Commissioner Norris and carried 4/0 (Commissioner Saunders out], that Ordinance No. 94-40 be adopted and antered into Ordinance Book No. 67. Item tl3al PETITION A-94-2, ANTHONY PIRES APPEALING INTERPRETATION OF TRAFFIC CIR~TION ELBMEHT POLICY 7.2, COLLIER COUNTY GROWTH MANAGEMENT PLAN DATED APRIL 29, 1994 - CONYINDED TO SEPTKMBER 6, 1994 Commissioner Volpe suggested that this Item be continued due to the lateness of the hour and the length of time this item will require. Anthony Ptres, Woodward, Ptres & Anderson, P.A., requested that this item be continued to the meeting of September 6, 1994 because the nature of this issue Is complicated and since only four (4) Board members are present. Mr. Pires also requested a certain time be set. Commissioner Constantine suggested that that Petition A-94-2 be heard first after the lunch break of September 6, 1994 and Indicated that Staff wtll notify Mr. Ptres. It was the consensus of the Board to contlnne thls Item to SepteBbeT 6, 1994. Page 59 AugUSt 16, 1994 Ite~#l&& 800 NHZ DISCUSSION CONCERNING CORRESPONDENCE FRON SHERIFF Commissioner Constantine stated that a communication was received from Sheriff Hunter regarding the 800 MHz operational control. Christopher Nind. Sheriff's Office Communications, explained that the intent of Sheriff Hunter's communication is to reaffirm to the Board that the Sheriff has the responsibility for the operational control of public safety. Item114B DISCU~SION OF ARNUAL EVALUATION OF THE COUNTY MANAGER Commissioner Constantine stated that the evaluations of the County Manager and County Attorney are due and evaluation forms have been prepared for Board input. He asked that the forms be completed by September 6 or September 8, 1994 to allow each Board member suf- ficient time to meet individually with the Manager and Attorney for review before release to the public. Item114C DI$CU~BION REGARDING THE PURCHASE OF THE GLADES PROPERTY Commissioner Constantine stated that the Board opted not to purchase the Glades property; however, the property owner has pre- sented alternatives and requests that the Board grant permission to continue discussions on the options available. The Board voiced no objections to continuing discussions. eee ~illioner Norris Moved, seconded by Commissioner Volpe and carried unanimously that the following items under the consent agenda be approved and/or adopted with the exception of Item #16A12 and Xtem #16A13 which Is a separate vote. *** ltem ll6al RESOLUTION 9&-590 AUTHORIZING PRELININARY ACCEPTANCE OF THE ROADWAY, DHAXHAON, MATER AND SEWER XMPROVID4ENTS IN OAKMONT PARKWAY EXTENSION AND ACCEPTING THE PERFORMANCE BOND FROM THE DEVELOPER FOR MAINTENANCE OF THE ROADMAY, DRAINAGE, WATER AND SEWER IMPROVEMKqQTS FOR A MINIMUM OF OHE YEAR - WITH THE STIPULATION AS LISTED IN THE EXECUTXVE SUMMARY see Page/&6' ltem#18A2 Page 60 August 16, ~994 RECORDING OF TI~ FINAL PLAT OF "PIPER*S GROVE PHASE TWO* - WITH THE STIFUTATIONB AS LISTED IR TR~ EXEC~rrIVE SUMMARY Item116A3 ACCBTTANC~ OF WATER AND SiR FACILITIES FOR OAKMORN Item 116A4 RESOLUTION 94-591 AUTHORIZING PRELIMINARY ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN STARPOIRNE LAN~ AND ACCEPTING THE CONSTRUCTION MAINTENANCE AND ESCROW AGREEMB"NT FROM THE DEVELOPER FOR WAIRNENANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROV~mxS FOR A MINIMUM OF ONE YEAR - WITH THE STIPULATIONS AS LISTED II TH~ EXECUTIVE SUMMARY See Pages Item#llA5 ACCEPTANC~ OF TH~ IRREVOCABLE STANDBY LETTER OF CREDIT FOR ~XCAVATION Psad.Xx ~O. 69,319, "VINEYARDS - PHASE Item 1151,6 RESOLUTION 94-592 AUTHORIZING THE ACCEPTANCE OF COVENTRY, A REPLAT OF A FORNION OF A PREVIOUSLY RECORDED PLAT KNOWN AS SUBDIVISION OF BLOCK 1, UNIT NO. 1, NAPLES PARK - WITH TEE STIPULATIONS AS LISTED IN See Item#leA7 FINAL FLAT OF "SHERWOOD PARK" - WITH THE STIPULATIONS AS LZSTHD IN THE See Pages ItemIliA8 RECORDIN OFT HE fiNAL PLAT OF "NAPLES PROGRESSIVE GYMNASTICS CAN1aw ltem llla9 94-293 AUTHORIZING THE ACCEPTANCE OF PELICAN MARSH UNIT SBV2IIXPt&T, A I~,aT OF A PORTION OF a PREVIOUSLY RECORDED P~T ~uxlV~ ~ Item ll$&lO See Pages Page 61 AugUst 16, 1994 RESOLUTION 94-594 AUTHORIZING THE ACCEPTANCE OF TINBER RIDGE - UNIT ONE, k REPLAT OF A PORTION OF A PREVIOUSLY RECORDED PLAT KNOWN AS EDEN PARK FIRST ADDITION - WITH THE STIPULATIONS AS LISTED IN THE EXECUTIVE Item#le&ll RESOLUTION 94-595 AUTHORIZING THE ACCEPTANCE OF TIMBER RIDGE - UNIT TWO, APEPLAT OF A PORTION OF A PREVIOUSLY RECORDED PLAT KNOWN AS TIMBZlq RIDG~ - UNIT ONE - WITH THE STIPULATIONS AS LISTED IN THE Item #16A12 RESOLUTION 94-596 AUTHORIZING PRELIMINARY ACCEPTANCE OF THE ROAIX4AY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN PHASE EIGHT QUNKNS PARKAT LAGO VERDE AND ACCEPTING THE IRREVOCABLE LETTER OF CREDIT FROM THE DEVELOPER FOR MAINTENANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPRO~.zNxS FOR A MINIMUM OF ONE YEAR - WITH THE STIPULATIONS AS LISTED IN THE EXECUTIVE SUMMARY - ADOPTED Cmtsaloner Norris moved, seconded by Commissioner Saunders to approve Item #16A12. Carried 4/0 (Commissioner Volpe abstained). Item ACCEPTliCE OF MATKR AND SEWER FACILITIES FOR QUEENS PARK AT LAGO VERDE, FNJkSE EIGHT - WITH THE STIPULATIONS AS LISTED IN TH~ seXECUTIVE sEE PAGES ,~,R9 - ~af ~,J ~. ~ ~ ~k. z~o~ ~ /~-, 7~ ~ ~mmtoner Norris moved, seconded by Commissioner Saundere to a~v,o~a Item #16A13. Carried 4/0 (Commissioner Volpe abstained). Item #16A14 RESOLUTION 94-597 PROVIDING FOR ASSESSNKNT OF LIEN, FOR THE COST OF THE amax~.smz OF PUBLIC NUISANCE, COMPLIANCE SERVICE CUE NO. 40420-017, RECORD OWNER: JACK SMITH It#mill/IS RESOLUTION 94-598 PROVIDING FOR ASSESSNENT OF LIEN, FOR THE COST OF THE ASAx. .nsx OF PUBLIC NUISANCE, COMPLIANCE SERVICE CASE NO. 40~10-0~0, RECORD OWNER: WILLIE MAE POSTELLE Item liSA16 RESOLUTIOM 94-599 AUTHORIZING THE ACCEPTANCE OF CARILLON TRACT C RBlzLAT, AREPLAT OF A PORTION OF A PREVIOUSLY RECORDED PLAT KNOWN AS , .o,,157 Page 62 A~2ult 16, 1994 CLRILLOII - MIT~ THE STIPULATIONS AS LISTED IN THE EXECUTIVE HUtqqARY Item 116A17 ACCEPTANCE OF WATER FACILITIES FOR MONTEREY VILLAS - WITH THE Item 116C1 ~ NO. 001 TO COMMUNITY CARE FOR THE ELDERLY CONTRACT WITH THE /LREAAGDICY ON &GIRG FOR SOUTHWEST FLORIDA, INC., FORMALIZIRG TOTAL GRANT FUNDING OF $482,691 Item #1602 TO PROVIDE FUNDING FOR FURNITURE AND SHELVING FOR THE LIBRARY IN THEANOUNT OF $25,000 Item lleC3 CONTRaCr FOR THE FURNISHINGS AND SHELVING OF THE NEW GOLDEN GATE ESTATES BItINCH LIBIeJLRY AWARDED TO R. GEORGE AND ASSOCIATES WHO QUOTED STATH CONTEICT PRICES IN THE AMOUNT OF $97,206.00 Item #16D1 HARDSHIP ANSISTANCE FROGRAN, ANOUITOF 21,775.93 FINAL ASSESSMENT DEFERRAL FOR 1994 IN THE Item#16D2 FORMAL BID PROCESS WAIVED; PURCHASE OF CO!~qUNICATION EQUIPMENT FOR THE PELICAN B&T WASTEW&TER FACILITY FROM THE SOLE SOURCE SUPPLIER OF 800 ~ C~|I.umlCATION EQUIPMENT E.F. JOHNSON COMPANY IN TH~ AMOUNT OF 68,150.00 GOLD!I elATE ESTATES LAND TRUST COMNITYEE (A/K/A GOLDEN GATE ESTATES CITIZENS ADVISORY COMMITTEE) QUESTIONNAIRE TO BE MAILED TO RESIDENTS OF GOLDIN GATE ESTATES WHO DECLARE HONESTBAD EXEMPTION FOR PURPOSES OF PROVIDI]I~ =u~xn~, IqECOtefENDATIONS FOR THE gXPENDITUR~ OF FUNDS IN T~Fg G&C IaND~ ltem ellll RESOLUTION 94-600 AUTHORIZING THE SALE OF 375.66 ACRES, leORE OR LESS, TO THB BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, FOR TEE eSAVE OUR EVERGLADESe PROGRAM Page 63 August 16, 1994 Item el~F1 AGRKENEFr Bnx~.~, COLLIER COUNTY AND THE FLORIDA DEPARTNENT OF CO~eerlTY aFFAIRS FOR RADIOLOGICAL ENERGENCY PLANNING NONXES AVAILABLE FO!t TIeAlBINO, ~XERCISING AND ~JtP PURCHASE FOR FY 95 IN THE ANOUNT OF See Page~ RESOLUTION 94-601 PROVIDING ADDITIONS TO THE 1994 NANDATORY SOLID NaST~ COLLECTION aND DISPOSAL SPECIAL ASSESSNEFf ROLL PURSUAFr TO COLLID CO~axx ORDINANCE NO. 90-30, AS ANENDED Item #16G2 CERTIFICATES OF CORRECTION TO TEE 1992, 1993 AND 1994 SOLID WASTE COLLECTION SPECIAL ASSESSNENT ROLLS, EXECUTION OF CERTIFICATES ON BEHALF OF TaX BOARD OF COUNTY CONNISSIONERS, AND AUTHORIZATION OF REFUNDS AS APPROPRIATE Item I16G3 NODIFICaTION TO THE SOLID WASTE COLLECTION FRANCHISE AGRse~e~x WITE WAST~ Na~a6~x OF COLLIER COUNTY, INC. FOR THE PURPOSE OF INCREASING COLL.xCYIONROqrll EFFICIENCY See Pages Document not received in Clerk to Board Office as of Nove.,b~z 9, 1994 P~e~,n~at OF ANNUAL SuKvEfING SERVICES CONTRACTS PER CONTRACT 93-2040 WITE AG~OLI, BaitBEN AND BRUNDAGE, INC., COASTAL ENGINEERING CONSULTartS, IND., PORTELLA-ROWEASSOCIATES, INC. AND WILSON, MILLER B/~TON~FDPI!I, INC. Item #16a2 ANARD OF BID NO. 94-2225 FOR ANNUAL BEDDING PLANTS TO HOMeBERG FARN~, INC. IN THE r~umx OF 816,580.50 Item #1983 HXlNBgRSD~ENT TO TEE AIRRAN OF THE NARCO ISLAND BEACH RENOURISHNENT ADVISORY COeeelTTEE FOR EXPENSES TO BE INCURRED DURING ATTENDANCE AT THE ANNUAL CONFERENCE OF THE FLORIDA SHORE AND BEACH PRESERVATION ASSOCIATION TO BE HELD OCTOBER 12, 1994 THROUGH OCTOBER 14, 1994 IN CAPTIVA ISLAND, FLORIDA, IN THE ANOUNT OF 8602.00 WISCELL&NE2~2 COE~tESPONDENCH - FILED AND/OR REFERRED ':159 August 16, 1994 The following miscellaneous correspondence was filed and/or referred as presented by the Board of County Commissioners: BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE August 16, 1994 FOR BOARD ACTION Certificate for Correction: NEED MOTION authorizing the Chairman to sign Certificate for Correction to the tax rolls as presented by the Property Appraiser's Office. RECOMMEND APPROVAL. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos. 92-5978-MMA ($25.00), 93-1613-MI ($12.50), 90-6925-TMC ($25.00), 93-6000-MMA ($50.00), 90-528-TM ($50.00), 94-4026-MMA ($25.00), 94-508-CJA ($50.00), 93-1158-CJA ($12.50), 90-6588-TM ($12.50), 91-5451-TM ($50.00), 88-1435-CFA ($50.00), 93-2668-MMA ($25.00), 90-2673-MMA ($87.50), 94-818-CJA ($50.00), 93-9571-MMA ($25.00), 94-34-CFA ($50.00). RECOMMEND APPROVAL. FIT.R FOR RECORD WITH ACTION AS DIRECTED Bond. Schoeneck & KinG: c of letter to dated 8/2/94 to Commissioner Constantine re Gary Gregory and Edith Gregory, Date of Accident 1/12/94, from David L. Dawson. Referred to Ken Cuyler, George Archibald and Risk Management. Collier Soil and Water Conservation District: c of letter dated 8/2/94 from Emily R. Smith to Tom Olliff, Public Services Administrator, enclosing July 1994 Activity Measures report. 5. Department of Environmental Protection: c of letter dated July 27, 1994 from Neal A. Rogers, Jr., P.E., Bureau of Beaches and Coastal Systems. Request for Public Comment, File Number DBS910290. Applicant: The City of Naples. Referred to Harry Huber. B. c of Notice to Proceed, Permit #CO-457. Referred to Dick Clark, Bill Lorenz and Jerry Neal. Ce Letter dated 7/29/94 from Ronald D. Blackburn, Acting Director of District Management, re: Collier County - ERP, DEP File Number 112550845. Referred to Dick Clark, Bill Lorenz and Jerry Neal. 6. Florida Senate: c of letter dated July 28, 1994 from Thomas B. Yeatman, Legislative Analyst. Referred to Greg Mihalic. -1- ,oo., 800,, d60 AU6 ~ 6 199~ Pg, ~ Page 65 August 16, 1994 Itm~m ~1~1 ~~~ Or CO~IO~ TO ~ T~ ROLLS AS ~S~D ~ ~ ~r 166 1992 TANGIBLE PERSONAL PROPERTY Date 08/04/94 1991TANOIBLE PERSONAL PROPERTY 137 08/04/94 1993 REAL PROPERTY 197 07/28/94 1992 REAL PROPERTY ltea 182 07/28/94 1991 REAL PROPERTY 267 07/28/94 1990 REAL PROPERTY 355 07/28/94 SATISFK'rlOIS OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER See Pages _'R~'~-- ~7~ Item#16K1 EXECUTION OF CERTIFICATION OF ACCEPTANCE OF THE SUBGRANT AWARD FOR TEE CAREER CRIMINAL APPREHENSION AND PROSECUTION PRO3ECT GRRaeT NO. 95-C3-2P-09-21-01-036 IN TEE AMOUNT OF 8147,845 AND RELATED BUDGET Item #16K2 ACCEPTANCE OF A GRANT AWARD BETWEEN THE STATE OF FLORIDA, OFFICE OF THE ATTOI~ GEMEqUAL, FLORIDA MOTOR VEHICLE THEFT PREVENTION AUTHORITY, CO|I.URITY JUVENILE JUSTICE PARTNERSHIP GRANT PROGRAM AND THE COLLIER COUNTY SHERIFFtS OFFICE IN THE AMOUNT OF Item #ILL1 S&TISFJkCTIOII OF LIEN FOR PUBLIC NUISANCE LIENED BY RESOLUTION I10. g~"E;4, 211OP & GO, INC. ,oa, Q00 , 163 Paqe RR Au~st 16, 1994 Item #16L2 AGREEMENT FOR KKTENDED PAYMENTS OF COTTAGE GROVE PAVING ASSESSMENT DISTRICT LIKNED BY RESOLUTION NO. R-81-154, ROSEMARY ANDUJAR, F/K/A ROSBNAFr CABRERA AND NELSON ANDUJAR There being no further business for the Good of the County. the meeting was adjourned bw Order of the Chair - Time: 5:50 P.M. DW/GBT'E. BRO~ CLERK '~ ~e mln~s approved by the Board on BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S} OF SPECIAL DISTRICTS UNDER ITS or as corrected Page 67